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Employment Law

Supreme Court hears arguments in key pregnancy discrimination case

12/10/2014
Does the Pregnancy Discrimination Act require employers to accommodate expectant mothers in the same way they must accommodate disabled workers? That was the question before the U.S. Supreme Court when it heard oral arguments Dec. 3 in Young v. UPS, a closely watched case that could affect workplaces nationwide.

Using Independent Contractors

12/10/2014

HR Law 101: Many organizations use independent contractors as a way to sidestep payroll taxes, expensive fringe benefits and red tape. But if the IRS concludes that those workers are really employees, the employer could be liable for back taxes, penalties and interest charges …

Can’t explain pay difference? That’s a problem

12/09/2014

Courts considering pay discrimination claims want to believe that employers don’t purposely adopt policies that pay men more than women for the same work. But employers won’t win many lawsuits if they can’t explain exactly how pay differences came about. Simply put, if you have a complicated process for determining compensation, be ready to share it with the court.

Is California WARN different than the federal law?

12/08/2014
Q. As a California employer, am I required to follow the same 90-day aggregation rule that the federal WARN Act follows?

How does California’s plant closing law work?

12/08/2014
Q. Our company is going to have lay off a large number of employees. Are we required to give notice to the employees?

What’s new in California employment law in 2015

12/08/2014
A new year is coming and with it, a slew of changes courtesy the California Legislature. December is a good time to review your policies so they comply with the law. We’ve broken it down by general subject matter to make it easier.

Fresno eatery settles EEOC sexual harassment complaint

12/08/2014
Sal’s Mexican Restaurant in Fresno, California has agreed to settle a sexual harassment complaint filed by a former hostess. According to the complaint, the hostess was a teenager when a male supervisor continually propositioned her for sexual favors, grabbed her and required her to give him hugs and back rubs as part of her duties.

Get expert help with arbitration agreements

12/08/2014
If, like most employers, you use an arbitration agreement to avoid costly court litigation, put regular consultations with your attorney on your calendar. An expert needs to make sure that your agreement is as up-to-date as possible.

Don’t rely on arbitration agreements that require class-action waivers

12/08/2014

The California Court of Appeal has yet again ruled against employers in an arbitration rights case. This time, the issue was whether employers can use arbitration agreements to limit so-called class- or collective-action claims. The apparent answer is “no.”

Ban comments about age, national origin, but don’t sweat isolated incidents

12/08/2014
Here’s some good news. One single isolated comment about an employee’s advancing age or his country of origin isn’t enough to sustain a lawsuit claiming age discrimination.