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Employment Law

New military spouse leave law raises many questions

11/01/2007

When Gov. Arnold Schwarzenegger signed California Assembly Bill 392 into law on Oct. 9, he and the legislature gave California employers only the sketchiest outline of how the new military spouse leave law will work. A few things are clear about the law, which amends the California Military and Veterans Code. First, only employers with 25 or more employees in the United States are covered …

It’s disabled employee’s burden to show qualification

11/01/2007

The California Supreme Court has made it easier for employers to comply with the disability discrimination provisions of the Fair Employment and Housing Act (FEHA). The court ruled that employees must prove they are qualified for the jobs they seek, not the other way around …

EEOC charges LAFD with discrimination—Again

11/01/2007

The EEOC has brought new charges against the Los Angeles Fire Department (LAFD), charging it with subjecting black and female firefighters to a “pattern and practice” of discrimination, harassment and retaliation. It’s not the first time the department has been under fire …

Federal judge decertifies FedEx Kinko’s FLSA class

11/01/2007

Judge Saundra Brown Armstrong of the U.S. District Court for the Northern District of California has decertified a class action in an overtime suit involving FedEx Kinko’s managers. According to Armstrong, the 490 “center managers” in California were executive employees and therefore exempt from overtime pay under California law in spite of the fact that they reported to other FedEx Kinko officials …

California Supreme Court issues key class-Action ruling

11/01/2007

The California Supreme Court has issued its long-awaited decision in the case of Gentry v. Superior Court, deciding whether class-action waivers in employment arbitration agreements are legally binding. In a case of good news/bad news for employers, the court didn’t say that all arbitration agreements, or even all class-action waivers, were invalid—just the poorly drafted ones …

Temp agency employees and the FMLA

11/01/2007

Q. Must an employer using the services of a temporary agency comply with the FMLA for its temporary or leased employees? …

Should you encourage job candidates to reject other job offers?

11/01/2007

Q. Our company recently offered a job to a highly skilled software designer. Upon offering the worker a position, she informed us that she had accepted a similar position with one of our competitors. However, she told us that she would rather take our offer. What should we do? …

Watch timing of adverse action against whistle-Blower

11/01/2007

Want to guarantee a day in court with an  employee who blows the whistle on alleged company wrongdoing? Just take adverse action against him—firing, demotion or suspension, for example—within hours of hearing about the complaint. If you already had planned to take action, make sure you can substantiate it. Be sure you can also show there are no “smoking guns” that could point to a different motivation …

Use cutoff point on promotion list to lessen legal risk

11/01/2007

To lower the risk of a failure-to-promote lawsuit, consider creating a cutoff point on your internal promotion list. For example, instead of considering all 15 potential candidates for an open position, consider just the top three. The disappointed candidates lower on the list will have a tougher time getting to court …

Require special credentials for foreign hires? Tell applicants

11/01/2007

Applicants from other countries or who were educated abroad pose special problems for HR professionals. For example, can you be sure their education and training are as good as that of U.S.-educated applicants? One way to find out is to require a credentialing company to certify the applicant’s educational equivalence. But if you go that route, make sure you inform applicants about the requirement …