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Employment Law

What are the rules on setting a late policy?

11/18/2011
Q. We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

Are any noncompetes enforceable in California?

11/18/2011
Q. I’m aware that California law generally does not allow employers to use noncompete agreements. Are there any noncompete agreements that California courts will enforce?

Update from Sacramento: 4 new California laws will affect HR

11/18/2011
Gov. Jerry Brown recently signed bills enacting several new em­­ployment statutes. Each becomes effective Jan. 1, 2012. Here’s how the new laws affect private employers.

New state law tweaks definition of ‘gender’

11/18/2011
Gov. Jerry Brown signed into law in October legislation clarifying the definition of “gender” in California. The law, AB 887, makes it clear that discrimination on the basis of gender identity and “gender expression” is prohibited.

Sexual harassment settlement costs $462,500 for Irvine firm

11/18/2011
A pool supply company recently agreed to settle a lawsuit brought by the EEOC accusing it of sexual har­ass­ment, retaliation and constructive discharge. Irvine-based Aqua Tri will pay $462,500 to 18 Hispanic workers.

$17 million at stake: Are real estate agents nonexempt?

11/18/2011
The California Labor Commissioner is suing ZipRealty Inc., claiming the company owes unpaid wages to hundreds of real estate agents. The lawsuit is seeking minimum wages in excess of $7.5 million, overtime compensation in the amount of $1.25 million—plus damages and ­penalties of over $9 million.

Explore easy accommodations if employee can’t walk well

11/18/2011
Before you ignore an employee who complains he has a hard time walking, consider the consequences of denying a reasonable accommodation. If a jury finds that the employee is disabled, you may be liable. Instead, explore the problem and make simple accommodations if at all possible.

Institution has last word for state higher-ed whistle-blower

11/18/2011
Good news for public colleges and universities: When staff blow the whistle on alleged wrongdoing and the institution has a sound policy for dealing with such allegations, the employee can’t also take the claim to federal court.

When crafting arbitration agreements, consider effect of PAGA on class actions

11/18/2011
It’s hard to create binding and en­­forceable arbitration agreements in California. Some courts considering California arbitration agreements have held that actions brought by em­­ployees under the California Private Attor­­ney General Act of 2004 (PAGA) can’t be blocked by arbitration agreements.

You can survive a harassment lawsuit! Help your cause by acting fast

11/18/2011
Even if a manager says or does something incredibly stupid, you have a chance to fix the situation and avoid losing a sexual harassment lawsuit. That’s true even under Cali­for­nia’s strict rules. Don’t wait to respond to a complaint. When you act, act decisively.