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Employment Law

HR investigations must go beyond supervisor suggestions

09/01/2007

When it comes to determining employee wrongdoing and setting punishment, it’s essential to use a  complete and independent investigative process. Otherwise, the company can wind up being responsible if it turns out that a supervisor who was “out to get” an employee—perhaps in retaliation for filing a discrimination claim— trumped up performance problems or other employee deficiencies …

Track all position openings and note who applies

09/01/2007

Do you keep a close record of all company job openings, how they’re posted and who responds? You should. Good records are the best way to show you didn’t purposely exclude from a promotion opportunity anyone who was qualified—or to show that they never applied in the first place …

You Don’t Have to Pay Employees for ‘Uncontrolled’ On-Call Time

09/01/2007

Under California law, you don’t have to pay employees for on-call time unless you “control” how they spend that time. If you structure their responsibilities properly, you don’t have to pay them for every hour they’re on call. You can even pay them a flat fee for their on-call shifts. The key is the amount of freedom you give the employees to choose how they spend their time while waiting for your call. The more time they can spend on personal activities, the better …

Telling manager about special ed may trigger FEHA accommodations process

09/01/2007

California’s Fair Employment and Housing Act (FEHA) requires employers to make reasonable accommodations for an employee’s known mental disabilities. Under FEHA, something as simple as a new employee telling her manager that she has a learning disability and had taken special education classes triggers the employer’s responsibility to consider accommodations …

Managers—Even HR Managers!—May Be Personally Liable for Disability Harassment

09/01/2007

As if you don’t have enough to worry about. Now a federal court interpreting California law has concluded that supervisors and managers may be personally liable if they don’t provide a harassment-free work environment or if they harass a disabled employee …

Discrimination, harassment, retaliation cost LAFD $6.2 million

09/01/2007

A California Superior Court jury recently awarded a city firefighter $6.2 million in a lawsuit claiming race discrimination, sex discrimination, harassment and retaliation under the Fair Employment and Housing Act …

Vista may not release data on those who employ day laborers

09/01/2007

Recently, a Superior Court for San Diego County issued a temporary restraining order to stop the city of Vista from releasing the personal information of employers registered to employ contingent workers. The decision came after Vista passed an ordinance requiring registration of anyone who hired day laborers from “uncontrolled locations” …

Making it mandatory boosts ER workplace violence training

09/01/2007

A study in the July issue of the Journal of Occupational and Environmental Medicine found that workplace violence training for hospital employees occurs more frequently in states where the law requires such courses …

Former Fresno State volleyball coach awarded $5.85 million

09/01/2007

California Superior Court jury in Fresno has awarded $5.85 million to a former Fresno State volleyball coach who filed a discrimination suit after she was fired in 2004. The award covered back wages, future lost pay and emotional distress …

Fresno officer settles age, disability claim for $825,000

09/01/2007

Fresno city policeman, who claimed the city forced him into early retirement following an on-duty motorcycle accident, has settled his age-discrimination and failure-to-accommodate claim for $825,000 …