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California

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.

No need to extend maternity leave when it’s clear mother won’t be able to return

09/27/2013
Let’s say someone requests a series of leave extensions for medical reasons. You approve them over several months until she’s used up all available accumulated leave—and then approve unpaid extensions in the hope she’ll return soon. At that point, you are free to ask if her doctor can provide a definite return date. If the answer is no, you can safely terminate her.

Appeals court refuses arbitration bid, cites one-sided, coercive agreement

09/27/2013
A California appellate court has invalidated an arbitration agreement on the grounds that it was unconscionable. The court said it was both one-sided and oppressive.

Make sure handbook spells out how leave works as a reasonable accommodation

09/27/2013
Disabled employees who need time off to deal with a disability and who don’t have FMLA, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation. Be sure your employee handbook accounts for this possibility.

Former star locked in lawsuit with ‘Storage Wars’

09/27/2013
The hit television reality show “Stor­­age Wars” has suffered a legal set­­back. A court in Los Angeles has given one of its former stars, Dave Hester, the go-ahead to sue the show’s producers and the A&E cable TV network for retaliation.

Keep it neat! You can restrict facial hair

09/27/2013
Private employers have the right to set their own dress and grooming codes. Within limits, that includes restricting an employee’s facial hair and insisting on a clean-shaven face unless an employee can’t shave because of a documented medical condition or religious requirement.

Slam the brakes on escalating harassment

09/27/2013
Don’t hesitate to stop behavior that hasn’t quite risen to the level of full-blown harassment. Do it as soon as you get wind that something is amiss.

California minimum wage to hit $10 per hour in 2016

09/18/2013
By 2016, California may have the nation’s highest minimum wage—$10 per hour—after the state Legislature approved a two-step plan to raise the rate from its current $8 per hour.

Does a natural disaster make former employees eligible for unemployment benefits?

08/22/2013
Q. We had to close down our business because of the damage caused by a natural disaster. Are our employees entitled to unemployment benefits?

Must we pay severance to employee who turned down telecommuting offer?

08/22/2013
Q. We plan to lay off some of our employees and offer jobs to others in our facility in another state. We are also giving a select few of our employees the option to work from home. One of the employees to whom we gave this telecommuting option has declined it and requested severance instead. Are we obligated to pay him severance?