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California

More time off after FMLA shows good faith

10/29/2013
Here’s a practice that can save you from a needless lawsuit: Employees who have used up their FMLA leave may be eligible for more unpaid time off as a reasonable accommodation under the ADA.

Show pregnancy didn’t prompt mom’s firing

10/08/2013
It’s become a little bit harder for women alleging pregnancy discrimination under the California Fair Employment and Housing Act (FEHA) to win discharge lawsuits. To prevail, a new mother has to prove that pregnancy discrimination was a “substantial motivating factor” in her discharge.

How can we make sure Halloween party costumes don’t cross the line?

09/27/2013
Q. We would like to throw a Halloween party for our employees during working hours. Many want to wear costumes. Should we have a costume dress code? We are worried some employees may go too far.

What legal issues affect workplace dress codes?

09/27/2013
Q. We have been contemplating developing a dress code. What kinds of legal issues do we need to consider?

What’s the law on surreptitious audiotaping?

09/27/2013
Q. One of the employees in our office has been taping conversations unknown to the people he is taping. Does the employee have a right to do this?

Changes to California law address harassment motive

09/27/2013
Gov. Jerry Brown has signed into law SB 292, a bill that clarifies that an individual filing a sexual harassment complaint under state law need not prove that the sexually harassing conduct was motivated by sexual desire.

No place to hide for scofflaw California employers

09/27/2013
If the California Department of Indus­­­trial Relations comes after you, don’t expect to get away with anything illegal. The department reports that since January 2013, a joint enforcement task force of state regulatory agencies looking for pay and safety violations has wound up citing 83% of work sites inspected.

San Diego’s mayor resigns, settles sexual harassment claim

09/27/2013
San Diego Mayor Bob Filner has resigned after settling sexual harassment claims against him.

Court sends class action back to drawing board

09/27/2013
In 2011, the U.S. Supreme Court considered a class action against Wal­­mart that included over a million employees who claimed sex discrimination. The court said the ­­employees didn’t have enough in common to band together in one lawsuit (Wal­­mart v. Dukes). Now federal courts are doing the same with much smaller class-action lawsuits—good news for employers.

Police officer’s report of abuse is protected speech

09/27/2013
Public employees can’t be punished for speaking out on matters of public importance, as long as doing so isn’t an official part of their jobs. Until now, it has been an open question whether a police officer’s complaints about police brutality were protected.