Employment Law Blog

News, trends and analysis in employment law and HR

Search Blog

Showing posts for: California

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?

Read More…
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.”

Read More…
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?  

Read More…
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…

Read More…
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…

Read More…
Photo of Jackie Marks
Sep 01 2016
HiringImmigration 

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2,…

Read More…
Photo of Jodi Slavik
Jun 24 2016
Disability 

Telling a California employee to see doctor not enough to satisfy interactive process

Showing just how far an employer must go to satisfy California’s Fair Employment and Housing Act (FEHA), a federal district court recently refused to dismiss an employee’s claim that his employer failed to engage in a second round of disability accommodation talks.

Read More…
Apr 18 2016
Harassment & DiscriminationHiring

DFEH of California issues guidance on transgender rights

The California Department of Fair Employment and Housing (DFEH) recently issued new guidance for employers regarding transgender rights in the workplace. In order to be protected by the law, a transgender person does not need to complete any particular step in a gender transition (social or medical). The new guidance…

Read More…
Photo of Karen Davis
Oct 15 2015
Harassment & DiscriminationLabor RelationsLeave LawsSafety and HealthWage and Hour 

California Employers: More 2015 bills signed

Governor Jerry Brown has signed more bills from the 2015 California legislative session that affect employers, some of which are extremely significant.

Read More…
Feb 11 2015
Q&AWage and Hour

What is the liability under California law for failing to provide a rest period?

Q: If our company pays an employee for their 10-minute rest period, but the employee reports that he didn’t actually take a break from work, are we complying with California wage and hour laws?

Read More…