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CAUTIONARY TALES EPISODE 22

THAI RESTAURANTS BARBEQUED Three Southern California Outlets and Owners Must Pay Workers Over $1,000,000 for Wage Theft On October 3, 2018, the Labor Commissioner’s Office announced that it has cited Sanamluang Café in North Hollywood, Orchid Thai Cuisine in Arcadia, and Orchid Thai in Baldwin Park, a total of $1,065,646 for wage theft violations. The…

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INDEPENDENT CONTRACTOR STATUS? IT DEPENDS

Radically New Dynamex Test Only Applies to Certain Employee Classification Cases This past spring, the California Supreme Court inexplicably tossed out its decades-old “multi-factor” independent contractor test in favor of a far more stringent three-part “ABC” test. (Dynamex Operations West, Inc. v. Superior Court).  See, Independent Contractor Status in California Now Falls Under Radically Different…

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LEADING THE WAY TO SUCCESS

Partner Cindy Bamforth Advises Conference for Work Experience Educators The California Association of Work Experience Educators (CAWEE) is a state-wide professional association that since 1965 has been providing training and education on child labor laws and employment laws compliance, helping their members in turn to prepare their students for life within the workforce. On October…

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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…

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SCARED WITLESS

Hold the Line on Over-the-Top Halloween Costumes All Hallows’ Eve. That spooky time of year when witches, vampires and zombies roam the land. From management’s perspective, however, the scariest Halloween costumes are those which are too revealing or are otherwise offensive to others in the workplace. For example, earlier this year a lingerie website began…

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WHAT’S NEW FOR 2019

SILENCE IS NOT FOR SALE Hush Money for Sexual Harassment, Assault and Retaliation Now Prohibited in California Effective January 1, 2019 In response to the #MeToo and #WeSaidEnough movements and effective January 1, 2019, California Code of Civil Procedure (CCP) 1001 bans settlement agreements prohibiting public disclosure of “factual information” related to any civil lawsuit…

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CAN’T WE ALL JUST GET ALONG?

Political Speech and the Workplace California employers must not discriminate against workers based on political activities, affiliations or speech. Particularly during an election season, employers should re-familiarize themselves with these laws: California Labor Code section 1101 bans employers from making, adopting or enforcing any rules or policies that: (i) forbid or prevent employees from engaging…

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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…

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BIG BIZ BROTHER

Electronic Surveillance in the Workplace Many California businesses install on-premises video surveillance equipment to improve operations through the security of premises. Electronic surveillance can deter, prevent or help resolve theft, physically threatening incidents or other dangerous conditions or situations. Under California’s state constitution, all persons are entitled to a reasonable expectation of privacy from government…

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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…

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