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.

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).

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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 […]

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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.

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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.

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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).

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Meal and Rest Period Class Should Have Remained Certified

On November 21, 2016, the California Court of Appeal for the 2nd Appellate District determined that it was improper for a trial court to grant an employer’s motion for decertification of class claims that it failed to provide employees proper meal and rest periods and related wage statements.

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California

Don’t Get Left Behind by New California Employment Laws

By Joel Kane, Sedgwick, LLP The California Legislature is constantly enacting new laws, many of which address relatively narrow issues. In some instances, however, there’s still a significant impact on employers, especially in industries that are being targeted by the legislation.

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