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Employment Law

Caltrans liable for not addressing accommodation requests

05/20/2015
The California Court of Appeal has upheld a jury’s verdict finding the California Department of Transportation (Caltrans) liable for failure to provide a reasonable accommodation and failure to engage in the interactive process.

Compensation available for La Jolla, Ca. radiation survivors

05/20/2015
Surviving relatives of employees who were exposed to nuclear radiation at a La Jolla defense contractor’s facility are now eligible for compensation.

Oakland, Ca. children’s hospital settles ADA complaint

05/20/2015
The Children’s Hospital and Research Center in Oakland has reached a settlement with an employee who had cancer and was fired for taking too much medical leave.

Court upholds arbitration despite language barrier

05/20/2015
A California Court of Appeal has upheld an arbitration agreement written in English and signed by employees with limited language ability.

Sudden harassment claim? Investigate before firing

05/20/2015

Sometimes, employees hold back on reporting sexual harassment out of fear, especially if the perpetrator is a supervisor. The first you hear about it may be during the termination meeting. If that happens, suspend the employee instead of firing him. That will give you time to investigate.

9th Circuit decision: Car dealership service advisors are nonexempt employees

05/20/2015
The 9th Circuit Court of Appeals had ruled that so-called automobile service advisors are nonexempt under the Fair Labor Standards Act.

Does clicking ‘Send’ too soon deliver a lawsuit?

05/20/2015
Have you ever felt that punched-in-the-gut feeling after clicking “Send” and realizing you blasted an email to the wrong person? As the CEO in this case learned, one misguided email mixed with poor judgment can stir up a potent legal stew.

OK to discipline for intermittent leave abuse

05/19/2015
Unexpected absences can cause scheduling headaches. However, since FMLA leave is an entitlement, there isn’t much employers can do—at least when the call-offs are legitimate. But not every absence is legit.

When making layoff decisions, focus on worker performance, cite business necessity

05/18/2015
When it comes to reductions in force, employers must make sure that they develop a fair, reasonable and explainable selection process. Be prepared to show that the selection was based on sound business decisions and that the layoff wasn’t an excuse to terminate employees who might otherwise have a legal discrimination claim.

Leave harassment investigation to the pros

05/18/2015

There are compelling reasons to outsource or at least get legal help with a sexual harassment complaint. First and foremost, the investigation must be quick, thorough and reasonable. Employers that drop the ball and don’t punish what looks like a clear case of sexual harassment face a long, uphill battle in court.