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Employment Law

After employee files internal complaint, beware retaliation, correct problems ASAP

03/31/2014
Even if an internal discrimination complaint proves unfounded, you must still ensure that the em­­ployee who complained isn’t punished for doing so. Remind supervisors and the employee that you won’t tolerate any type of retaliation.

Prepare to defend against bias charges if workplace cliques break on racial lines

03/31/2014
You may think that what your employees do on their own time—at work or socially—is their business. That could be a big mistake. Your company culture may end up as evidence in a race discrimination lawsuit someday soon unless you do something about institutional and social segregation.

Warn bosses: No joking ever about impairment

03/31/2014
While you may think it isn’t necessary because it seems so obvious, you must warn supervisors that making fun of any impairment is asking for trouble. Remind them that they must focus on performance when criticizing work, even if they believe that an impairment is affecting performance.

Details matter when justifying discipline

03/31/2014
Here’s some advice on creating good disciplinary records: When employees break the same or similar rules but end up with different dis­cipline, make sure your records specify why you believed one deserved harsher punishment than another.

EEOC sees 7 issues ripe for more enforcement

03/31/2014
Employers take note: EEOC Legal Counsel Peggy R. Mastroianni has said that it will increase enforcement efforts in these areas in coming months.

Age bias settlement: Need ADEA waiver, too?

03/27/2014
Q. My company was sued by a former employee for age discrimination under the California Fair Employ­­ment and Housing Act (FEHA). We’re settling the case and including a waiver of the right to proceed under FEHA. Do we need an ADEA waiver, too?

San Francisco’s Fair Chance law limits criminal background checks

03/27/2014
San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Fran­­cisco Board of Supervisors passed the Fair Chance Ordi­­­­nance in February, and the new law goes into effect Aug. 13.

Waitresses win $5.7 million in age discrimination case

03/27/2014
Four former servers at Woodland Hills’ Cables Restaurant will split a $5.7 million jury award. The ­servers who range in age from 49 to 70 claimed new management cleaned house in 2010 and replaced the workers with women in their 20s.

Logistics firm settles wage theft allegations

03/27/2014
Mira Loma-based Schneider Logis­­tics has agreed to settle charges it cheated a group of warehouse workers out of $4.7 million in wages. The company, which handles logistics for Walmart, agreed to the settlement without admitting any wrongdoing.

Ensure arbitration agreement in application isn’t one-sided

03/27/2014
Employers that want to use arbitration to avoid protracted legal battles can include arbitration agreements in their applications and require applicants to sign as a hiring condition. That’s provided the agreement isn’t entirely one-sided.