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.

age discrimination

Did Termination of Financial Administrator Violate the FEHA?

A semiconductor company hired a 33-year-old accounting manager not long before it terminated its 59-year-old financial administrator as part of a reduction in force (RIF). The administrator sued, claiming unlawful age discrimination. The trial court granted the company’s motion for summary judgment (dismissal without a trial). In an unpublished opinion, the court of appeal affirmed.

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pay stub

Pay Stub Headaches: Penalties for Noncompliant Wage Statements Can Add Up

Issuing inaccurate or incomplete itemized wage statements, also known as “pay stubs,” can result in significant liability for employers. California law requires employers to provide specific information in pay stubs and imposes significant penalties on employers that fail to follow those requirements.

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taxi

Taxi Drivers: Employees or Independent Contractors?

With lawsuits against ride-sharing companies like Uber and Lyft in the news, the issue of whether a worker is an independent contractor or an employee has been getting quite a bit of attention recently. The following case involved an employee performing what now seems like an almost old-fashioned occupation: taxicab driver.

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wage

Mistakes in Wage Statements Can Cost California Employers Under PAGA

In an unfavorable opinion for California employers, a California Court of Appeal recently ruled that (1) employees seeking damages in an action arising under Section 226(a) of the Private Attorneys General Act of 2004 (PAGA) needn’t sustain any injury to bring the action, (2) the employer’s violations need not be “knowing and intentional” to subject it […]

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contract

Arbitration: Exotic Dance Club Makes One Sidestep Too Many

An enforceable arbitration agreement can lead to a streamlined and more expeditious resolution of issues on an individual, rather than a classwide, basis. It’s important for employers to know how to enforce a valid arbitration agreement and how to avoid losing your ability to enforce such an agreement. A recent case is a cautionary tale […]

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vacation

California Companies Can Impose a Waiting Period on Paid Vacation Accrual

A California auto detail business required its employees to work for at least 1 year before earning vacation. An employee left after 6 months and received no vacation pay upon his departure. He sued the company, claiming it unlawfully required him to forfeit his accrued vacation pay.

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