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Employment Law

FLSA and transportation violations for SoCal company

04/10/2019
A citrus and avocado distributor in Oceanside will pay 45 workers $13,641 in back wages after investigators from the U.S. Department of Labor found it violated the Fair Labor Standards Act and the Migrant and Seasonal Worker Protection Act.

Equestrian centers must pay $1.2M in back wages

04/10/2019
Two prestigious Northern California show horse training stables will pay 30 current and former employees $1,270,683 in back wages after a U.S. Department of Labor investigation revealed they violated H-2B visa regulations, the Fair Labor Standards Act and the Migrant and Seasonal Agricultural Worker Protection Act.

With stroke of a pen, court sends case to arbitration

04/10/2019
A federal court considering a discrimination claim has ordered the case to arbitration despite the fact the court found some sections of the arbitration agreement unconscionable.

Class-action addresses H-1Bs and national origin bias

04/10/2019
A class of white, American former IT workers have been given the go-ahead to sue a company that employs large numbers of H-1B visa holders who are predominately from South Asia.

Griping about minor rulebreaking doesn’t count as whistleblowing

04/10/2019
Do you have employees who are always tattling on co-workers about minor rulebreaking? If so, don’t worry too much that the complaining employee can spin that into protected activity under the California Labor Code’s whistleblowing provisions.

No interference with obtaining employment if ex-employee already has job

04/10/2019
California’s Labor Code includes provisions to protect former employees from attempts to interfere with their ability to get a new job. Now a California appeals court has clarified that this only applies to efforts to obtain employment, and not to misrepresentation after the former employee has begun work.

ADA process ends once request is granted

04/10/2019
What happens if the employer and the disabled employee immediately agree on an accommodation? A California appeals court has ruled that the interactive process can end right there.

DOL offers new online resource on workplace mental health issues

04/09/2019
The U.S. Department of Labor has launched an online Mental Health Toolkit, an online resource to provide tools employers can use to support employees dealing with mental health problems.

EEO-1 pay data could be due Sept. 30

04/09/2019
The EEOC is planning a Sept. 30 deadline for employers to hand over data on how much they pay employees, broken out by by race, ethnicity and sex.

Prepare to prove discipline has been consistent

04/03/2019
If you need to fire someone for breaking a rule, document the exact rule he broke. Then check to see how you punished others who broke the same rule. Be prepared to show how their situations compared to the current case.