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Employment Law

Courts willing to make easy arbitration agreement fixes

12/21/2015
If some part of your arbitration agreement is deemed unconscionable but there’s an easy way to fix it, at least one California court will do it right then and there.

Quickly address allegations of disability discrimination

12/21/2015
If you find out that a supervisor may have treated a disabled worker poorly, fix the problem promptly.

Calif. rule on paying for time spent on security checks more generous than federal law

12/21/2015

About a year ago, the U.S. Supreme Court rules that under the Fair Labor Standards Act, time spent waiting for security checks after the end of a shift were not compensable minutes. California, however, has greater worker protections built into its version of the FLSA. That’s why a group of Apple store employees brought a suit over their own wait time at the end of their shifts, seeking compensation despite the Supreme Court decision.

The easy way to stop discrimination lawsuits: Show proof of legit business decisions

12/21/2015
We’ve said it before, we’ll say it again: The best defense against a discrimination lawsuit is a pile of documents showing what you decided and why. For example, if you are sure an employee isn’t qualified for a promotion, document those reasons at the time you make the decision. Don’t wait until he or she sues.

Sexual favoritism must be pervasive

12/21/2015
While under some circumstances, so-called sexual favoritism may be grounds for a winning sexual harassment and discrimination lawsuit, it takes more than a single office romance or a marriage between a supervisor and subordinate to support such a claim.

Minimum wage increase for workers in Sacramento

12/21/2015
Large employers operating in Sacramento can expect to pay their workers at least $10.50 per hour in 2017 after the city council voted to raise the city’s minimum wage from the current $9 per hour.

Scrap the ice scraper; allow employees to telecommute

12/18/2015
There isn’t a worse sound than someone scraping ice off their windshield at 6:30 in the morning. You don’t have to make employees choose between taking a snow day and working, if you allow them to work from home. While you’re crafting a telecommuting policy, don’t forget the Fair Labor Standards Act.

‘Perfect storm’ for pay lawsuits: 6 do’s & don’ts

12/17/2015
If your organization hasn’t yet been hit with a pay-related lawsuit, consider yourself lucky. A new report shows the onslaught of wage-and-hour lawsuits continues to rise at a record pace.

How to change your work rules without courting a lawsuit

12/16/2015

It’s management’s prerogative to change workplace policies and rules. Courts don’t like to second-guess employers for managing their businesses as best they see fit. But how (and how consistently) you change those rules can make a big difference in your exposure to legal liability.

Reprimand may be sufficient if harassment was mild and unlikely to occur again

12/16/2015
You don’t necessarily have to fire someone who committed a single act of sexual harassment—as long as the conduct wasn’t truly outrageous or continuous. Sometimes, it’s fine to issue a reprimand and then monitor the employee to ensure the situation doesn’t recur.