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FREEING ENTERPRISE
FTC Prohibits Employee Noncompetes

The Federal Trade Commission (FTC) – empowered to protect the public from deceptive or unfair business practices – has issued a nationwide rule prohibiting employer noncompete agreements (Rule).

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COP SWAP CHOPPED?
U.S. Supreme Court Rules Lateral Transfer Was Discriminatory

The U.S. Supreme Court ruling in Muldrow v. St. Louis has opened employers to discrimination charges for “lateral transfers” (moves from one part of operations to another) even without significant harm to the employee.

A new head of the St. Louis Police Department’s Intelligence Division transferred a plainclothes female sergeant with an outstanding record and years of experience to a uniformed job supervising patrol officers so he could install a male replacement. The transferred officer lost no wages or rank.  Nevertheless, she sued the City for sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) because the new position took away the prestigious responsibilities, schedule, and perks of the prior position.

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CAUTIONARY TALE EPISODE 81
SECOND CHANCE RESCUE
Healthcare Giant Pays For Unlawfully Rescinding Job Offer Over Criminal History

The California Civil Rights Department (CRD) has obtained a $51,000 settlement from Octapharma Plasma for allegedly rescinding a job offer based on criminal history without considering significant mitigating factors and evidence of rehabilitation.

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MAKE SAFE WORKPLACE
Mandatory Sexual Harassment Prevention Training

Every two years, employers with five or more on payroll must provide at least two hours of classroom or other effective interactive sexual harassment prevention training and education to all California supervisory employees and at least one hour of such training to all nonsupervisory employees working on-site or remotely within California. New employees must complete this training within six months of hire.

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HANDBOOK HELPER EPISODE 40
Military Leave Policy Job Security for Up to Five Years

California and federal law direct employers of any size to provide leave to a worker called  up to  the reserves or National Guard and to hire the person back for up to five years of such ensuing service.

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WORK EASIER
Workplace Policy Handbook & Forms for 2024

It is a borne-out truth that Labor Code-compliant policy in place creates a work environment free from confusion and makes for smoother workplace interactions and relationships. It is also a possible preventative to employee lawsuits.

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CAUTIONARY TALE EPISODE 80
Age Claims Never Grow Old
San Diego Employer Steps in It

North Star Gas Ltd. (NSG) has settled a California Civil Rights Department (CRD) age discrimination claim, with $37,000 paid to the fired truck driver.
 
The CRD alleged a NSG manager justified a cut in the actively driving worker’s assignments because he was “too old” and “retired.”  NSG reportedly then fired the worker for his age (40 or over) in violation of the California Fair Housing and Employment Act.
 
NSG has also agreed to issue and distribute policy to detect and prevent unlawful harassment, discrimination, and retaliation; to designate an employee to investigate complaints; and to report compliance to CRD.

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PAY DISPARITY
Gender Gaps Persist In Every Industry
Reporting Due May 8, 2024

Under California law, every business with 100 or more employees and/or 100 or more people  hired through labor contractors – and with at least one in California…

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CAUTIONARY TALE EPISODE 79
STAFFING AGENCY MELTDOWN
Discrimination Settlement Shuts Down National Firm

BaronHR, LLC, a national staffing agency, will pay $2.2 million to settle claims it discriminated against low-wage, low-skill job applicants on the basis of race, gender, and disability in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.

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CAUTIONARY TALE EPISODE 78
UNDER THE TABLE
Fresno Restaurant Must Pay $2 Million to 32 Employees

The California Labor Commissioner’s Office has obtained a $2 million settlement from Fresno-based restaurant Pearl B-Star, Inc. dba Lin’s Fusion for wages allegedly owed to 32 restaurant employees.

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