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Online Exclusive: Checklist for Sexual Harassment Investigations September 2010 California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or . . . more Bulletin: ADA's duty to accommodate extends to "commute-related limitations." September 2010 The Ninth Circuit Court of Appeals, which covers California, has held that an employer has a duty under the Americans with . . . more Bulletin: Court clarifies "employee vs. independent contractor" test for Title VII claims September 2010 The distinction between employees and independent contractors doesn't just matter for wage and hour or tax purposes--it can also play a critical role i . . . more Bulletin: Checklist for Sexual Harassment Investigations September 2010 California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the . . . more Sexual Harassment: Starbucks Settles Sexual Harassment Case with Teen Employee; Failure to Investigate Relationships Can Prove Costly September 2010 In a report on the ABC News show "20/20" earlier this year, a U.S. Equal Employment Opportunity Commission official warned that an "alarmingly high" number of high school students are reporting sexual advances from their adult supervisors at fast food restaurants across the country. . . . more Sex Discrimination: Male Guards Sue Women's Prison for Discrimination; When You Can (and Can't) Rely on The 'Bona Fide Occupational Qualification' Defense September 2010 Although it's unlawful under both federal and state law for an employer to discriminate against an employee or applicant on the basis of his or her sex, employers sometimes can avoid liability by establishing that the discriminatory practice is a "bona fide occupational qualification" (BFOQ). . . . more Leave of Absence: DOL Clarifies Parent-Child Relationship for FMLA Purposes; How to Deal with Nontraditional Families Under Family Leave Laws September 2010 The days when most children lived in a traditional nuclear family can seem like ancient history. Children today might have more than two parents, fewer than two parents, parents of the same gender, and a variety of other parental arrangements. These nontraditional family units have created confusion for some employers when it comes to determining eligibility for family leave, particularly if there is no legal or biological parent-child relationship. . . . more FLSA: New Guidance Issued on Donning and Doffing; Does the 'Clothes-Changing' Exemption Excuse You From Compensating Employees? September 2010 The question of whether employers must compensate employees for time spent donning and doffing uniforms and protective equipment continues to be a hot topic. . . . more Independent Contractors: Delivery Workers Claim to Be 'Employees'; Do Formal Independent Contractor Agreements Matter? September 2010 When budgets are tight, it can be tempting to get around state Labor Code requirements by designating new or existing workers as independent contractors, backing it up with formal independent contractor agreements. . . . more Age Discrimination: Employer Prevails by Showing It Hired the Better Qualified Applicant September 2010 Sometimes there's not much you can do to stop a rejected applicant with sour grapes from suing you for age discrimination. But, as a recent California Court of Appeals case demonstrates, you can probably get yourself off the hook if you have a legitimate reason--like a rival applicant's superior qualifications--for your alleged discrimination. . . . more 'Love Contract' for Dating Co-Workers September 2010 Dating among co-workers is almost inevitable, but it can cause employers headaches. An employer could face claims of sexual harassment and retaliation from an involved employee after a relationship ends. Other workers who perceive favoritism at play might bring hostile work environment claims. . . . more Online Exclusive: Checklist for Allowing Minor Employees to Drive August 2010 Federal and state law makes clear that minors cannot be employed for the sole purpose of driving a motor vehicle on highways or streets. . . . more Bulletin: Labor Commissioner obtains $3.9 million judgment against janitorial service August 2010 The Labor Commissioner has obtained a default judgment in a lawsuit to enforce Labor Code Section 2810. The law makes it illegal to . . . more Bulletin: DOL addresses compensation for donning and doffing August 2010 The question of whether time spent donning and doffing uniforms and protective equipment must be compensated continues to be a hot topic. In several recent cases, for example, courts have held that . . . more Bulletin: Online Exclusive: Checklist for Allowing Minor Employees to Drive August 2010 Federal and state law makes clear that you can't employ minors for the sole purpose of driving a motor vehicle on the highways or streets. But minors who are 17-years-old can . . . more Wage and Hour: State Supreme Court Expands Definition of 'Employer' Under Wage Laws; Could You Be Liable for Another Company's Workers? August 2010 The question of who is or isn't an employer seems pretty straightforward, but that hasn't always been the case when it comes to wage and hour laws. . . . more Discrimination: U.S. Supreme Court Finds Disparate Impact Claims Were Timely; Decision Could Generate More Lawsuits Against Employers August 2010 Title VII of the Civil Rights Act of 1964 provides employers some protection by requiring employees bringing certain kinds of discriminations claims to file charges within a specific time limit. However, a recent U.S. Supreme Court ruling could extend the period of time that employers are vulnerable to disparate impact claims. . . . more Child Labor: DOL Releases Final Child Labor Regulations; Are You in Compliance with State and Federal Laws on Minor Workers? August 2010 Employers have long relied on workers under the age of 18 to keep their businesses up and running. While minor workers often provide numerous benefits, they're also subject to a wide variety of restrictions and prohibitions. . . . more ERISA: Transfer to Lesser Job Entitles Employee to Severance Benefits; How to Avoid the Employer's Missteps August 2010 When you hear a reference to "ERISA" (the federal Employee Retirement Income Security Act), it typically brings to mind employee retirement and insurance plans. But, as one employer was reminded by the Ninth Circuit Court of Appeals, which includes California, it also applies to severance plans. This means you need to be careful when denying benefits under severance plans or risk costly federal litigation and reversal by a court. . . . more Legislation: The Potential New Laws That California Employers Need to Know About August 2010 When it comes to new employment legislation, it's best to take the Boy Scouts' advice and be prepared. Here are some summaries of significant legislation pending in Sacramento that could affect you, your employees, and your bottom line. . . . more Compensation: Nonexempt Employees File Wage and Hour Class Action Against Bank; Tips for Preventing Similar Claims August 2010 California employees of Bank of America (BofA), one of the nation's largest employers, have joined forces with colleagues from across the country to sue the bank for violations of the Fair Labor Standards Act (FLSA) and similar laws in California and other states. The lawsuit is a strong reminder for employers that there's a lot more to complying with wage and hour laws than just paying nonexempt workers minimum wage and overtime. . . . more Featured Resource: Sample Lactation Accommodation Policy August 2010 In 2002, California became one of the first states to mandate lactation breaks for breastfeeding employees. Under Section 1030 of the state Labor Code, all employers must provide a reasonable amount of time to employees who wish to express breast milk for their infant children. . . . more Online Exclusive: Checklist for Unpaid Internship Programs July 2010 Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of state and federal laws. Employers can end up on the hook for significant amounts in unpaid wages, employment taxes, and penalties. To avoid these unintended consequences, make sure your program: . . . more Bulletin: U.S. Supreme Court decides text message case July 2010 The U.S. Supreme Court has issued its decision in City of Ontario v. Quon. The police department in the California city had reviewed its officers' pager usage after several officers exceeded their allotted monthly limits, resulting in . . . more Bulletin: California Supreme Court to review mixed-motive bias case July 2010 The April issue of CEA covered the California Court of Appeals' decision in Harris v. City of Santa Monica. The court ruled that if there is both a legally permissible reason and an . . . more Wage and Hour: DOL and DLSE Release New Rules for Internship Programs; Do Your Programs Comply? July 2010 With budget concerns continuing to haunt many employers, it's not surprising that unpaid internship programs have been gaining in popularity. . . . more Discrimination: Proselytizing in the Workplace Leads to Religious Discrimination Lawsuit; Tips to Prevent Bias Claims July 2010 Questions about religion in the workplace have increased as the number of religiously diverse applicants and employees has climbed. Complaints related to religion can put employers on a tightrope, especially when the complaints involve proselytizing in the workplace. . . . more Immigration: Restaurant Indicted for Hiring Unauthorized Workers; How to Properly Handle No-Match Letters July 2010 The French Gourmet, Inc.--a San Diego restaurant, bakery, and catering business--grabbed headlines across the state recently after federal prosecutors accused the business of hiring unauthorized employees. . . . more Regulations: DOL Announces New Regulatory Agenda; Employers Could Shoulder a Substantially Heavier Compliance Burden The U.S. Department of Labor (DOL) announced its "Spring Regulatory Agenda" in April, unveiling a new regulatory and enforcement strategy for compliance that will place the onus on employers to "find and fix" violations before DOL investigators arrive at the workplace. . . . more Workers' Compensation: Supermarket Chain Pays $550,000 for Discouraging Claims; How to Avoid a Similar Fate July 2010 The California Labor Code requires employers to provide workers' compensation coverage to their employees and to pay for benefits if an employee becomes injured or ill because of work. . . . more More