Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: California

Photo of Diane Buisman
Oct 15 2013
Wage and Hour  

CALIFORNIA: Huge punitive damage award upheld in retaliation case

Speaking up about concerns in the workplace, and being fired as a result, resulted in a huge jury verdict against a California employer.

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Aug 13 2013

CALIFORNIA: Teasing over “girly” clothes may be illegal harassment

A California state agency was recently sued by an employee who claimed to have been harassed by coworkers for his manner of dress.

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Apr 20 2012

CALIFORNIA: Employers need only provide, not mandate, breaks and meal periods

The California Supreme Court recently released a much-anticipated decision, ruling that employers need only make appropriate break and meal periods available to their employees, but they need not ensure that they are actually taken. Read More…
Dec 16 2011
Hiring

CALIFORNIA: Notice for new hires effective January 1, 2012

Just a reminder: As of January 1, 2012, California employers must notify new hires of a laundry list of information about their job and the company. For current employees, if any of these items change (for example, due to a promotion), you must give written notice. The Labor Commissioner had…

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Oct 21 2011

CALIFORNIA: Governor signs 2011 employment-related bills

Governor Jerry Brown recently signed into law a number of bills that affect the workplace. They all take effect on January 1, 2012. Employers cannot be required by the state of California or any city or county in California to participate in the federal E-Verify program ( Health insurance coverage for pregnant…

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Aug 25 2011

CALIFORNIA: Partially earned sabbatical may be due in final paycheck

A jury should decide whether an employer’s sabbatical program was actually vacation in disguise, ruled a California court of appeal. If so, then the sabbatical would be considered part of wages under California law. This means it is earned day by day, and must be paid out pro rata with a…

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Jul 22 2011
Wage and Hour

CALIFORNIA:  California overtime covers out-of-state residents working in California

Nonexempt employees who work in California for a full day or a full week are covered by California overtime law, even if they reside in another state, ruled the California Supreme Court. The U.S. Ninth Circuit Court of Appeals came to the same conclusion in 2008, but later withdrew their…

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Jul 07 2011

CALIFORNIA: Jail time for owners who failed to provide fall protection

Two owners of a San Francisco roofing company are on their way to jail, following the death of an employee who fell from a roof. During the investigation into the employee’s death, Cal/OSHA discovered that there were absolutely no safety measures in place at the worksite; no workers wore fall protection and…

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Jun 15 2011
Disability

CALIFORNIA: FEHA may require extended leaves of absence

It’s risky to automatically terminate an employee who has exhausted their protected leave, that’s what you can take away from a recent case from a California district court. An employee suffering from lupus was placed on leave under the federal Family and Medical Leave Act (FMLA) and was out for 12 weeks.…

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