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Employment Law

Firing after FMLA: Document legit reasons

08/27/2015

Always view termination as an act that might be challenged in court. That’s especially true if the employee has taken FMLA leave in the past. Lawyers love to file FMLA retaliation suits, which can be lucrative. Defend against them by backing up your termination decision with solid documentation of performance or behavior problems.

What are California’s unique overtime rules?

08/26/2015
Three questions about overtime pay in California.

Do we have to pay our interns this summer?

08/26/2015
Q. Our company is considering hiring student interns this summer. Are we required to pay them under California law?

San Diego hospital must pay union’s negotiating expenses

08/26/2015
A federal court has affirmed a National Labor Relations Board ruling that Fallbrook Hospital in San Diego County is liable for the California Nurses Association’s negotiating expenses because the company negotiated in bad faith.

Probationary period starts on first day at new job

08/26/2015
Here’s a technicality to consider if you work for a California civil service employer: Employers have to count the first day of probation as part of the probationary period, and must extend probation during the term or the position becomes permanent.

No proof required: Heart disease automatically a covered disability under California’s FEHA

08/26/2015
Under California’s Fair Employment and Housing Act, heart disease is a disability. The employee doesn’t have to prove that in his particular case, the condition limits a major life activity.

Independent contractor status in California: Court of Appeal wades into classification debate

08/26/2015
The Court of Appeal of California has ruled in a case testing the limits of calling workers independent contractors. Employers should review their independent contractor arrangements to make sure they meet California requirements.

2, 4, 6, 8! Who does California appreciate? Cheerleaders!

08/26/2015
It’s official—professional cheerleaders are now recognized as employees under California law. In July, California Gov. Jerry Brown signed a bill requiring California professional sports teams to pay their cheerleaders at least the minimum wage.

Justify change that will affect older workers

08/26/2015
Are you planning to change the way you schedule work or provide overtime opportunities? If the proposed changes would affect your older employees, make sure you document solid business reasons to justify the new system, just in case it is challenged in court.

No formal ADA accommodation request required

08/26/2015

Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help. There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.