Archive for the ‘Termination, Discipline’ Category
MY WAY OR THE HIGHWAY
California At-Will Employees Bound to Lawful Policy Changes by Continuing to Work after Their Adoption In Diaz v. Sohnen Enterprises, California employer Sohnen Enterprises instituted a mandatory dispute resolution policy requiring that all employee claims be arbitrated. “Arbitration” is a private dispute resolution tool, bypassing court trials by jury. The company informed the employees of […]
CHECK OR DEBIT CARD
Changes to California’s Mandatory Workplace Pamphlets on State Benefit Programs California employers must provide certain government-issued pamphlets or information sheets to new hires, to employees on certain types of leaves of absence, and to workers upon termination of employment. The California Employment Development Department (EDD) — overseeing unemployment and disability benefits, payroll tax collection, and […]
ALL IN THE FAMILY
New Workplace Notice Available For Family Related Leaves Starting April 1, 2019, covered California employers must post the new Family Care and Medical Leave and Pregnancy Disability Leave notice (DFEH-100-21/March 2019). Previously, the notice was only for employers with 50 or more on payroll. It summarized employee rights and responsibilities when requesting Family Care […]
FOR WHOM THE BELL TOLLS…
KNOCK, KNOCK When It’s Your Turn For a Government Payroll Audit For California, the Employment Development Department (EDD) is responsible for the administration of unemployment and disability insurance, workforce training services and payroll audits. The agency has the power to impose significant, potentially fatal penalties for non-compliance. An EDD visit to look over pay practices […]
HAIRSTYLE DISCRIMINATION
California Aims to Protect Workers Against Race-Based Natural Hairstyle Bias Federal, state and local laws have long banned workplace racial discrimination. A recent trend seeks to expand such protections to various race-based traits, particularly certain hairstyles. Under California’s now-pending Senate Bill (SB 188), workplace dress or grooming policies prohibiting natural hairstyles, including Afros, braids and […]
PHONING IT IN
California Employers Must Pay Wages for Required Call-In to Confirm Day’s Work Schedule Employers who require workers to call in to ascertain whether they are needed for a scheduled work shift will now need to rethink this practice. California Industrial Welfare Commission (IWC) publishes “wage orders” containing regulations on wages, breaks, record-keeping and other working […]
DFEH CHARGED SAN DIEGO CREDIT UNION WITH FAILING TO ACCOMMODATE DISABLED EMPLOYEE
The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to engage in an “interactive process” with a worker requesting disability-related accommodation. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably accommodate the physically or mentally disabled worker’s ability to perform the essential functions of his or her job. Failure to do so can be a costly error.
CAUTIONARY TALES EPISODE 21
EEOC Signals Wide Discrimination Protection for the Emotionally Disabled Contending employers must walk an extra mile to accommodate emotionally troubled workers, the Equal Employment Opportunity Commission (EEOC) has announced settlement of its disability discrimination lawsuit against Triton Management Services, LLC (Triton). See also, San Diego Tribune, October 10, 2018. In March 2016, while out-of-state, Triton’s […]
CAUTIONARY TALES EPISODE 20
EEOC Sues California Grocery Store for Disability Discrimination On September 28, 2018 the Equal Employment Opportunity Commission (EEOC) announced it has filed a law suit against Central California grocery store, PAQ, Inc. dba Rancho San Miguel Market for alleged violations of the federal Americans with Disabilities Act (ADA). The agency contends that in 2016, a […]
WHAT’S THAT AGAIN?
Hearing Disabled Applicants Deserve Equal Consideration The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) prohibit discrimination against persons with disabilities. An employer may not refuse to hire an otherwise qualified person because of a disability unless it is an insurmountable impediment to performing the job in question. On […]