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California

Should we use arbitration agreements to help resolve employment disputes?

12/03/2013
In California, companies adopting arbitration agreements face a number of difficult decisions in crafting their agreements to ensure that they will be enforceable while also maximizing the benefits of arbitration.

2 employment law bills fall to Gov. Brown’s veto pen

12/03/2013
Gov. Jerry Brown recently vetoed two laws affecting employee rights.

New Calif. wage-and-hour legislation increases employer obligations

12/03/2013
California employers must begin complying with several new wage-and-hour laws enacted in recent weeks. Recent legislation provides overtime pay for domestic workers, mandates more pay for missed “cool-down” breaks, increases damages for minimum wage violations and adds other employer obligations.

Ignore an overtime lawsuit, hand a win to workers

12/03/2013
Can’t convince management that they shouldn’t ignore an overtime lawsuit? Share this horror story.

Fix leave errors before they become expensive mistakes

12/03/2013
Make sure employees receive the leave they’re entitled to under Cali­­for­­nia’s Fair Employment and Hous­­ing Act (FEHA). If a supervisor terminates an employee under the mistaken belief she’s at-will and can be fired for poor attendance—when she’s really eligible for medical leave—fix the mistake immediately.

When contesting timeliness of lawsuit filing, remember to factor in weekends, holidays

12/03/2013

Employees have just 90 days from the date they receive an EEOC right-to-sue letter to file a federal discrimination lawsuit. However, 90 days isn’t as straightforward a deadline as it might seem.

Service-related health problem seems minor? Employee might still have ADA disability claim

12/03/2013
Ordinarily, the ADA doesn’t protect employees who have temporary physical problems that don’t last long or seriously interfere with their lives. But ailments and conditions that last indefinitely are another matter. That’s especially true for a veteran who the VA has rated as partially disabled by service-related injuries.

Get expert help with arbitration agreements

12/03/2013
If there is an area of the law that remains confusing for ­employers, it’s arbitration agreements. Here’s the latest twist in the legal saga of what’s a good agreement and what’s not.

Received EEOC subpoena? Respond now!

12/03/2013
Here’s an important warning: If the EEOC mails your company a subpoena for information about a pending investigation, you have just days to object—or you’ll lose the right to do so. That’s why you absolutely need a clear process for immediately getting the subpoena to your attorney.

When settlement requires confidentiality, tell everyone to keep lips sealed

11/12/2013
Settling a case early on can have advantages. One of these is that you can include a confidentiality clause that bars a former employee from talking about the case. Now a Cali­­fornia court has said that such clauses are valid, meaning you can sue a former employee who breaks a confidentiality agreement.