Category: California HR

Many call California the nation’s hot bed for employment laws and regulations. There are many HR considerations that only apply to California employers. Check out these resources to develop a strategically focused HR plan while also staying abreast of critical compliance challenges under California and federal law.

salaried

Salaried Employees Miss Work, Too: Handling Absenteeism and Tardiness Issues in California

Increases in absenteeism and tardiness can be especially frustrating when they involve exempt salaried employees because many practices often used to curb those issues may not be permitted. Although it is generally understood that some tactics—e.g., docking an employee’s pay—should not be used to curb chronic absenteeism or tardiness, there are a few other options […]

Print
retirement

Is Disability Retirement ‘Honorable’ if Retiring Police Officer is Facing Termination?

A California police officer was being evaluated for not properly investigating a sexual abuse incident. The police department decided to proceed with discipline by recommending that the officer be terminated from the department. After the internal investigation was completed and the notice of intent to impose discipline was sent, the officer’s lawyer tried to extend […]

Print
paid time for travel

Is California Employer Liable for Employee’s Negligence While Driving to Company Yard?

In the following case, an employer required an employee to drive his personal vehicle to the company yard and then drive the company truck from the yard to the jobsite, transporting his coworkers and construction materials in the company truck. One day, the employee injured a motorcyclist while he was driving his own car to […]

Print
California

Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).

Print
Heat

Cal/OSHA Intends to Close the Door on Indoor Heat Illness

The California Occupational Safety and Health Administration (Cal/OSHA) has had a heat illness prevention rule in place since 2006; that rule has been revised and updated several times. But, as often as it has been updated and as determinedly as Cal/OSHA has enforced it, the rule has had one huge, gaping hole in coverage: indoor […]

Print
California

Was a California Nurse Able to Defend Retaliation and Defamation Claims?

A registered nurse complained to hospital management about patient safety practices. The hospital fired her shortly afterward, allegedly for improper and dangerous patient care. The nurse sued for retaliation and defamation. The California courts were left to decide if her termination based on a legitimate nonretaliatory reason.

Print
California

Are Commissioned California Employees Entitled to Separate Pay for Rest Periods?

Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. A California appellate court recently tackled the issue of whether commissioned employees are entitled to separate compensation for rest periods and whether that requirement may be satisfied by paying them a guaranteed minimum hourly rate as an advance on commissions.

Print

A Cautionary Tale on Arbitration Agreements

The California Court of Appeal recently denied an employer’s appeal of a lower court’s denial of its motion to compel arbitration of a lawsuit filed by a former employee that included claims under the Private Attorneys General Act (PAGA).

Print