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Employment Law

Require identical hiring process for all applicants

11/30/2017

Informal employment inquiries can sometimes lead to failure-to-hire lawsuits. The best way to avoid such litigation is to set up a clear application process and tell all potential applicants that this is the only way they can apply.

To call or not to call: Contacting workers on FMLA leave

11/29/2017

Here are four common issues involving communications with employees during their FMLA leave.

EEOC sues Fresno firm for national origin discrimination

11/29/2017

The EEOC has filed suit against Papé Material Handling in Fresno, alleging the company systematically discriminates against Hispanic employees.

California law figures OT by the day, unlike federal FLSA

11/29/2017

A federal court considering a class-action lawsuit alleging violations of California law and the federal Fair Labor Standards Act has dismissed the FLSA claims because the allegations were unclear.

Is that retaliation or a legitimate business decision?

11/29/2017

Employees are protected from retaliation for complaining internally about alleged discrimination. Some workers seem to think that means they can never be criticized or have their working conditions change. Fortunately, that’s not true.

Court says clicking online button makes arbitration agreement binding

11/29/2017

A federal court considering California contract law has ruled that an arbitration agreement presented in an online click-through form is contractually valid.

Are brutal hours really essential to the job? Failure-to-accommodate suit could test that

11/29/2017

In many organizations, it’s expected that exempt employees will routinely have to work more than the standard 40-hour workweek. What happens if an employee who has previously worked those long hours suddenly becomes disabled and can no longer put in 10 or 12 hours per day?

‘Boss-ectomy’ not what FEHA doctor ordered

11/29/2017

Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they aren’t entitled to any accommodation.

California expands requirements for anti-harassment training

11/29/2017

In October, Gov. Jerry Brown signed Senate Bill 396 into law, expanding the subjects that must be covered in California’s mandatory sexual harassment training for supervisors.

Ensure telecommuting rules don’t discriminate

11/28/2017

If you let some employees work from home, allow it for everyone in the same position, under the same terms and conditions. Otherwise, you may find yourself facing a discrimination claim—unless you have concrete, work-related reasons for excluding some employees.