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Employment Law

California Supreme Court clarifies administrative employee exemption

01/20/2012
The California Supreme Court has issued a long-awaited decision in a case addressing the “administrative/production worker” dichotomy in determining if an employee meets the requirements for the administrative employee exemption from overtime under the California Wage Orders.

San Francisco janitors, former employer settle race-bias suit

01/20/2012
A group of seven San Francisco janitors will split $180,000 to settle an EEOC lawsuit that alleged ABM Industries discriminated against His­­panic employees and retaliated against those who filed discrimination complaints with the EEOC.

Fired disabled worker receives $40K from American Apparel

01/20/2012
Los Angeles clothing manufacturer and retailer American Apparel has agreed to settle an ADA lawsuit filed by a former employee who was fired while out on medical leave.

UCLA, professor charged in lab tech’s 2009 death

01/20/2012
A laboratory fire that killed a UCLA technician has resulted in felony charges against the university and Pro­­fessor Patrick Harran, who ran the lab.

You may be liable for subcontractor worker injuries

01/20/2012

Leasing employees may be conven­ient, but it comes with some risk—including unexpected liability for workplace injuries. If another organization’s employee gets hurt while working for you, you may be directly liable for the injury, even if he is collecting workers’ comp through his nominal employer.

Consider more time off as reasonable accommodation

01/20/2012
Sometimes, employees develop medical problems and use up their available leave under the FMLA or other leave programs before they get a definitive diagnosis. Think about offering them additional time off.

Arbitration agreement buried in job application? Have your attorney review it ASAP

01/20/2012
Do you include an arbitration agreement in your employment applications? If so, it may not be enforceable, according to a recent decision by the Court of Appeal of California.

Boss recommends firing minority worker? Check the record for hidden supervisor bias

01/20/2012
Some supervisors may be secretly biased against members of a particular protected class—something that may be hard to tell until it’s too late. And if a bigoted boss decides to get rid of a subordinate by telling HR the employee is a poor per­­former, rubber-stamping that decision can mean losing a discrimination lawsuit.

Take 10: How to handle the California Labor Code mandate to provide midshift breaks

01/20/2012
California’s Labor Code requires employers to give covered em­­ployees a 10-minute break or rest period during each four-hour work period. Many em­­ployers have wondered how far they have to go to make sure employees take their breaks …

Immunize hiring processes against bias suits

01/20/2012
With so many qualified people applying for jobs these days, it’s much harder for unsuccessful candidates to win hiring discrimination lawsuits. That’s because em­­ployers choosing the best candidate often zero in on one bit of experience or a skill that stands out from other applicants. It’s hard to argue that that’s discrimination.