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The supreme court recently resolved unsettled questions about the construction of the day-of-rest statutes found in California’s Labor Code. As this article explains, the court answered three questions about employees’ right to a day of rest, when a certain exception applies, and what it means to “cause” an employee to work on a seventh consecutive workday.
On May 2, 2017, the California Department of Fair Employment and Housing (DFEH) released its Workplace Harassment Guide, which advises employers how to develop an effective antiharassment program, respond to and investigate claims of harassment, and take appropriate remedial actions. The guide, found here, follows up on regulations the Fair Employment and Housing Council enacted […]
On April 10, 2017, a 53-year-old man walked into a special needs classroom in San Bernadino, California, pulled out a gun, and shot his estranged wife, 53-year-old Karen Elaine Smith. Two children standing near Smith were also hit by gunfire; 8-year-old Jonathan Martinez died later at the hospital. The gunman then turned his gun on […]
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 […]
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 […]
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 […]
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).
Two bills affecting workplace health and safety in California—one affecting healthcare employers and the other affecting childcare providers—have made some progress in legislative committees.
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 […]
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.