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Employment Law

Bullying prevention training to become mandatory in California

10/27/2014
In a few short weeks, California employers with 50 or more em­­ployees must change their training programs to include new material. Effective Jan. 1, anti-bullying training is mandatory for covered employers thanks to Gov. Jerry Brown’s signature on A.B. 2053 back in September.

Supreme Court clears way for same-sex marriage

10/27/2014

On Oct. 6, the U.S. Supreme Court declined to review all seven same-sex marriage cases pending before it. The Court’s refusal to hear the appeals meant that the lower court decisions striking down same-sex marriage bans in Indiana,  Oklahoma, Utah, Virginia and Wisconsin took effect right away. The immediate effects are twofold.

EEOC sues Sacramento clinic for disability bias

10/27/2014
The EEOC is suing Dialysis Clinic Inc. in Sacramento, alleging that a nurse who had worked there for 14 years experienced discrimination after developing breast cancer.

FMLA claim may come separately from others

10/27/2014

Generally, employees have to file EEOC discrimination complaints if they want to go to federal court with their claims. The EEOC eventually will issue a right-to-sue letter, giving the employee 90 days to commence litigation. But that can take years. If the employee waits to file a re­­lated FMLA lawsuit, she may be out of luck, since FMLA claims must be filed within two years of the alleged wrongful conduct.

Complicated compensation formula? Prepare to spell out all details in court

10/27/2014
Here’s a warning for employers with overly complicated compensation systems: If someone believes the pay plan is discriminatory, you’ll probably have to spend considerable time explaining the system in court. Simpler may be better.

Not so fast: Arbitration agreements won’t necessarily block class-action suit

10/27/2014

The idea behind arbitration agreements is that handling workplace disputes in arbitration instead of court is easier, less expensive and less time consuming. But don’t think that having arbitration agreements in place will automatically block lawsuits in federal court.

Appeals court: Employee doesn’t have to be first whistle-blower to be protected

10/27/2014

Public employees are protected from retaliation for reporting wrongdoing at work, either within their chain of command or to appropriate authorities. But what if several employees report the same alleged wrongdoing?

Disrespect? That’s not grounds for lawsuit

10/27/2014
While politically incorrect statements may be distasteful and offensive, they aren’t necessarily grounds for a lawsuit. That’s especially true if the statement can’t be tied directly to a protected characteristic such as national origin, religion or race.

Pursuit of SoCal dentist shows wage law has teeth

10/27/2014
For a Southern California cook, getting paid was like pulling teeth. For five months he was a private chef for a dentist, but was never paid.

Pregnant employee? Better know the law

10/24/2014
When an employee tells you she’s pregnant, it may bring on mixed emotions for supervisors. While you’re happy for the employee, you’re anxious about the impact on scheduling, productivity—and whether she will quit after the birth.