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California

Cite solid reason for termination to beat bias lawsuit based on statistical argument

02/26/2014
Employers that always have a clear and solid business reason for discharging employees seldom lose discrimination cases. That’s because even if a protected class member is affected, it’s very hard to counter the employer’s claim it terminated the employee for legitimate nondiscriminatory reasons.

Make sure handbook includes rules on off-the-clock work, missed break time

02/26/2014
With strong policies, employees (and their lawyers) will find it much harder to mount class-action wage-and-hour lawsuits. That’s because employees have to show that a common policy or practice was responsible for wage-and-hour violations.

Harassment complaint? Terminate with care!

02/26/2014
Good news if you’re worried about firing an employee who has filed a sexual harassment complaint. If your investigation concludes the complaining worker was also partly at fault, he won’t be able to win a wrongful discharge case—unless he can prove that his underlying complaint was a “substantial motivating reason” for his termination.

Cover employee expenses–or prepare for court

02/26/2014

Now is a good time to make sure your employees are being properly reimbursed for expenses they incur while performing their jobs. The problem: If they aren’t reimbursed for those expenses, their pay may fall below minimum wage. And if that’s the case, they can quit and sue, alleging constructive discharge.

17 California employers make Fortune’s ‘best’ list

02/05/2014
Fortune magazine has tallied the 100 best companies to work for in 2014 and 17 California firms made the list. Five of the top 10 are based in Cali­­fornia—and one heads the list.

How far must we go to accommodate employee’s need for religious days off?

01/24/2014
Q. One of our employees notified us that he cannot work on certain days of the week for religious reasons. Are we required to accommodate the employee’s request and work around his requested days off?

California’s DFEH report highlights coming discrimination trends

01/24/2014
The California Department of Fair Employment and Housing (DFEH), California’s civil rights agency, submits an annual report each calendar year to the governor and the state legislature. The latest report shows growing trends toward more filings related to disability, race and gender-based discrimination.

Firm that serves disabled settles ADA complaint

01/24/2014
Vallejo-based Pace Solano has settled charges it violated the ADA when it withdrew an employment offer after discovering the applicant’s disability. Pace Solano provides services for Solano County citizens with developmental disabilities.

Beware boss who undermines anti-harassment rules

01/24/2014
Here’s a novel situation: What do you do if you learn that someone is undermining a manager or HR director’s efforts to stop sexual harassment by enforcing company rules? If you ignore the manager’s complaint, she may sue the company for allowing sexual harassment to flourish.

Don’t fear punishing boss who threatens retaliation

01/24/2014

Employees who complain about discrimination or other problems by going to HR shouldn’t be punished for doing so. That includes the mere threat of punishment, whether or not that punishment is carried out.