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Employment Law

Arbitration agreement isn’t specific? Court–not arbitrator–decides on class-actions

12/24/2014
In a series of decisions in the past two months, California appellate courts have tried to clarify the ins and outs of arbitration, giving em­­ployers possible guidance on whether to institute, revise or eliminate arbitration agreements as part of their employment practices.

Court: Bias must be ‘substantial factor’ in firing

12/24/2014
A state appeals court has just reversed part of a jury award based on a new California Supreme Court requirement that employees prove that discrimination was “a substantial motivating factor” for the firing rather than merely a motivating factor. However, no such rule applies to har­­ass­­ment claims.

Arbitration agreement leads to … arbitration!

12/24/2014
Good news for employers that use arbitration agreements: Cali­­for­­nia will send such cases to arbitration even if they start as collective actions—if the arbitration agreement is clear, separate from other handbook provisions and not unconscionable.

Auditor: EEOC needs better HR files

12/24/2014
Hidden in the back pages of the EEOC’s fiscal year 2014 annual report was this tidbit: “The EEOC does not properly maintain supporting documentation for personnel expenses.”

DOJ: Title VII covers transgender bias

12/24/2014
Attorney General Eric Holder issued a Dec. 18 memo informing DOJ staff and U.S. Attorneys that the department will no longer assert that Title VII’s prohibition against discrimination based on sex excludes discrimination based on gender identity per se, including transgender discrimination. That reverses a previous Department of Justice position.

OK to monitor email without consent?

12/23/2014
Q. We suspect someone is conducting inappropriate business using their work email. Is it illegal for us to monitor their email without their consent?

Pay up! Wage-and-hour issues take center stage in 2015

12/23/2014
Wage-and-hour issues could take center stage in 2015, with federal, state and local legislative battles looming over increases to the minimum wage, more wage-and-hour litigation and proposed regulations that could dramatically narrow the overtime exemptions under the Fair Labor Standards Act.

Disabled SSA employees settle for $6.6 million

12/23/2014
Current and former employees of the Social Security Administration will receive $6.6 million to settle charges the agency failed to accommodate disabled workers and denied them promotions. A federal judge in Baltimore has given preliminary approval to the deal.

Comments on accent aren’t automatically discrimination

12/23/2014
Some people who speak English well still have thick accents. Asking for clarification or inquiring about the accent isn’t national-origin discrimination, as long as it’s not disrespectful.

Aim high! You can strive for a more diverse workplace without breaking the law

12/23/2014
As long as you consider all candidates on their individual merits and not solely because of what sex, age, race or ethnicity they belong to, your efforts at diversity won’t get you in trouble.