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Employment Law

California enacts important new employment law legislation

10/22/2012
The 2012 session of the California Legislature resulted in passage and enactment of several important employment law bills, including inspection of personnel files, workers’ comp and religious dress and grooming.

California Supreme Court to weigh class-action waivers

10/22/2012
The California Supreme Court has agreed to review a case that enforced a class-action waiver and required a limousine driver to arbitrate his wage-and-hour claims.

U.S. DOL launches probe of Southland garment industry

10/22/2012

The DOL’s Wage and Hour Division (WHD) has begun a multiyear enforcement initiative that could result in sanctions against Los Angeles and Orange County employers in the garment industry. According to the WHD, the garment industry consistently violates federal wage-and-hour laws.

Court sides with union on Costa Mesa outsourcing

10/22/2012
A California Court of Appeal has affirmed a preliminary injunction against the city of Costa Mesa, which attempted to contract out work currently performed by city employees.

Workers’ comp retaliation suit? File that under workers’ comp

10/22/2012
Here’s good news: When an employee claims she was fired for filing a workers’ compensation claim, she can’t pursue the lawsuit as a wrongful-discharge claim. She’s required to sue under the workers’ compensation law.

Track your compliance with all settlement terms

10/22/2012
Anytime you settle an employment discrimination case, make sure someone is in charge of implementing all the settlement terms. Otherwise, that case you thought was over and done with could easily wind up back in court.

Supervisor deserves termination? Fire away–even if he’s a member of a protected class

10/22/2012
Hey, it happens: Sometimes, supervisors screw up. Go ahead and discipline them for their mistakes, even if you’re afraid your actions might trigger a discrimination or harassment lawsuit.

Don’t feel compelled to permanently reassign essential job functions to satisfy FEHA

10/22/2012

While the California Fair Employment and Housing Act (FEHA) requires employers to reasonably accommodate disabled employees, there are limits. One involves the permanent reassignment of essential functions to other employees.

New state law limits access to employee social media info

10/22/2012
Starting Jan. 1, California employers may no longer require or request employees or job applicants to reveal their social media user names, passwords or other account information.

Beware FEHA suit when terminating new mother

10/22/2012
If a woman who has been fired sues for pregnancy discrimination, she doesn’t have to prove that her pregnancy was the sole reason for the termination. She merely has to show that it was a motivating factor.