Employment Law Blog

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Showing posts for: California

Photo of Josephine Ko
Aug 17 2017
Wage and Hour  

California Forces Employers to Grapple With Complex Pay Equity Requirements

Passed in 2015 and amended in 2016, California’s Fair Pay Act (FPA) is one of the toughest laws of its kind in the nation. California employers face much greater obligations under the FPA than ever before. The FPA is a complex law that expanded an older law that had been around…

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Photo of Jackie Marks
Jul 10 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Should we use employment tests to help us identify the best candidates?

Question: My company is hiring, and a testing company tells us that it can help us identify the best candidate for the job. What do you think?

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Photo of Jackie Marks
Jul 05 2017
Q&ADisabilityHarassment & DiscriminationHiring  

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp…

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Photo of Sean Brown
Jun 30 2017
Harassment & DiscriminationHiringImmigration  

Requiring new hires to present specific IDs for I-9 costs employer $225,750

An employer in eastern Washington required all green card holders to present their Permanent Resident Cards when completing the Form I-9. The U.S. Department of Justice (DOJ) has announced that this employer has now agreed to pay a fine of $225,750 to settle discrimination charges. The employer also agreed to…

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Photo of Karen Davis
Apr 27 2017
Q&ASafety and HealthWorkers’ Comp  

Q&A: Can we discipline for failure to promptly report an injury?

Question: Today an employee said she hurt her back at work three days ago. Our policy requires immediate reporting of work-related injuries. Can we write up the employee for failing to promptly report her injury?

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Photo of Josephine Ko
Dec 22 2016
Harassment & Discrimination  

New California law mandates gender-neutral single-user bathrooms

Starting March 1, 2017, new legislation approved by California Governor Jerry Brown will require public single-user bathrooms to be designated as “all-gender.”

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Photo of Sean Brown
Nov 14 2016
Q&ALabor RelationsSafety and HealthWage and Hour  

Q&A: Are employees’ social media posts on wages and safety protected?

Question: All our employees make more than minimum wage, but we had an employee go on social media and say, “Minimum wage for this work?! How are we supposed to live off that?!” A number of other employees commented on the post and a few complained about a recent safety incident. Can we discipline the employee who lied about his pay? What can we do to address this?  

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Photo of Karen Davis
Nov 03 2016
Wage and Hour  

CALIFORNIA: Two new laws increase scrutiny of employers’ wage decisions

Governor Brown has signed two companion bills designed to improve pay equity in the workplace. The first expands California’s groundbreaking pay equity law beyond gender so it also covers race and ethnicity (SB 1063). The second forbids employers from using prior salary as the sole justification for a pay disparity based on…

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Photo of Jackie Marks
Sep 28 2016
Harassment & Discrimination  

Posting anti-harassment policy is not enough – training also necessary

Even though an employee failed to report ongoing sexual harassment by her supervisor or to make use of the posted complaint process, a recent court decision will allow her sexual harassment claim to proceed to trial. The employee, along with many others, stated she had no knowledge of the workplace…

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Photo of Jodi Slavik
Sep 14 2016
Harassment & Discrimination  

Prompt investigation saves employer from harassment liability

In a nod to the value of HR professionals, a federal district court in Tennessee dismissed an Equal Employment Opportunity Commission (EEOC) case against Autozone, finding that the company did enough to stop alleged harassment by a store manager. How did the company address allegations of sexual harassment in the workplace? In…

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