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Employment Law

What are California’s rules on lactation breaks?

05/20/2011
Q. Are we required to give our employees additional rest breaks in order to express breast milk?

Are we required to grant a former employee access to his personnel records?

05/20/2011
Q. One of our former employees has requested to see his personnel file. Are we required to allow him ­access to it?

Given California’s strict break rules, can employees work through lunch?

05/20/2011
Q. We give our employees the opportunity to take up to a one-hour lunch break every day. However, several of our employees have requested to work through their lunch break in order to leave work earlier. Is this legal?

John Muir Health settles EEOC ‘latex bias’ charges

05/20/2011
John Muir Health agreed to settle bias charges brought by the EEOC, claim­ing the East Bay hospital system dis­­criminated against job applicants ­perceived to have latex allergies.

Supreme Court approves class-action waivers in arbitration

05/20/2011
On April 27, the U.S. Supreme Court held that the Federal Arbitration Act protects a company’s right to include a class-action waiver in its arbitration agreement even though a state law bars such provisions as unconscionable. The case involved a retail consumer transaction, but it could have important implications for employers that use arbitration agreements.

Hispanic workers at higher risk for on-the-job fatalities

05/20/2011
A report recently issued by Worksafe, a California advocacy group, found that California Hispanic workers are more than 50% more likely to die at work than non-Hispanic workers.

Children’s Hospital nurses return to work after strike

05/20/2011
After a five-day strike, registered nurses have started returning to their jobs at Children’s Hospital in Oak­land. The nurses, represented by the California Nurses Association/National Nurses United, walked out on May 5 over a dispute about health care benefits.

You may be liable for harassment of nonemployees

05/20/2011
Employees shouldn’t have to endure sexual harassment, whether it comes from another employee or someone outside the company.

Lawmakers urged to reject new labor contracts

05/20/2011
The nonpartisan California Legislative Analyst’s Office (LAO) has urged state law­makers to consider rejecting some or all of six new collective bargaining agreements negotiated with state employee unions in March.

Discuss retirement after layoff decision has been made

05/20/2011
Timing is everything. Suggesting retirement before any decision has been made to terminate an employee may show age discrimination. Discussing it after informing the employee that he’s been terminated doesn’t.