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Feature Articles

Find the most recent California Employer Advisor articles here.

Click on any headline below to find the full article. And be sure to click the "More Headlines" link at the bottom of the page to read articles you may have missed.

Privacy: Court expands right of privacy; Managers' loose lips can sink employers' ships
June 2013
Although most employers are well aware of the need to maintain the privacy of their employees' information, managers and supervisors may not be. . . . more

Discrimination: Employee's discrimination claims fail; Court limits use of 'me too' evidence
June 2013
For an employer facing discrimination charges, there might be nothing worse than a string of the complaining employee's coworkers climbing into the witness stand to talk about how they, too, faced discriminatory or harassing treatment from the accused supervisor. . . . more

Arbitration: Another arbitration clause is struck down; Where the employer went wrong
June 2013
When it comes to the enforceability of arbitration agreements, it's hard for California employers to know what to expect these days. One thing is certain, though: courts will still strike down arbitration agreements they find to be unfair or one-sided. . . . more

Age discrimination: Employer's conflicting policies support fired employee's claim; How zero tolerance can backfire
June 2013
Zero tolerance policies understandably hold a strong appeal for employers looking to shield themselves from a range of types of liability. The policies don't provide foolproof protection, though, as evidenced by a recent 9th Circuit Court of Appeals ruling. . . . more

Featured resource: 4 major differences between FMLA and CFRA leave laws
June 2013
Most California employers know there are significant differences between the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)--but what are the major differences, and why is it crucial that you're on top of them? . . . more

Employment Law Compliance for California Supervisors: June 2013 Issue
In This Issue: How managers and supervisors can reduce turnover; Pregnant workers can get more than 4 months leave; New rule expands FMLA military-related leave; 9 phrases you should never use . . . more

Health care: ACA offers millions in wellness program incentives; How to qualify--and why
May 2013
Even before the U.S. Supreme Court upheld the Affordable Care Act (ACA) last summer, many employers were increasingly developing wellness programs for their workplaces. As the ACA begins rolling out at a quicker pace, those employers are well positioned to benefit from financial advantages the law makes available to employers with wellness programs. We'll explain why you should consider implementing a wellness program. . . . more

FEHA: Pregnant worker's discrimination claims allowed; 4 months of PDL don't satisfy duty to accommodate
May 2013
Last year's release of new state pregnancy regulations brought renewed attention to employers' obligations toward pregnant workers. Now a California Court of Appeals decision has zeroed in on the interplay between an employer's leave obligations under the state Fair Employment and Housing Act (FEHA) and the state Pregnancy Disability Leave Law (PDLL)--and employers with five or more employees should definitely take note. . . . more

Disabilities: Court disarms officer's FEHA claim; Job functions can be essential even if rarely performed
May 2013
Employers sometimes struggle with determining which job functions are truly essential for purposes of complying with disability discrimination laws. A recent employer-friendly ruling from the California Court of Appeals may provide welcome guidance. . . . more

Wage and hour: Worker sues multiple employers; Could you end up on the hook as a 'joint employer'?
May 2013
The question of who employs a worker--and therefore who could be liable for wage and hour violations--isn't always cut and dried. Both state and federal law recognize, for example, that a worker might have more than one employer, all of whom could be fully liable under wage and hour laws. . . . more

Discrimination: Court tosses manager's termination claim; Deceptive activity in internal investigation isn't 'protected'
May 2013
Internal investigations, while critical to minimizing employer liability, come with their own potential legal landmines. Employers must tread carefully for fear that an investigation may prompt claims--including retaliation--based on an employee's protected participation. . . . more

Featured resource: Checklist for launching an effective wellness program
May 2013
Employee wellness programs are picking up steam across the state as employers realize the numerous potential benefits, financial and otherwise. But a successful wellness program requires a solid foundation. . . . more

Discrimination: California Supreme Court clarifies mixed motive defense; Ruling is mixed bag for employers
April 2013
The California Supreme Court has issued its long-awaited decision addressing the proper standard for determining employer liability for discrimination in so-called "mixed motive" cases--in which the employer had both unlawful and legitimate reasons for taking an adverse employment action. The unanimous ruling provides significant relief to employers in this situation, but it's not all good news. . . . more

Misclassification: IRS expands voluntary settlement program; Are you eligible for relief from past payroll taxes?
April 2013
In 2011, the Internal Revenue Service (IRS) launched a program that allows eligible employers to voluntarily reclassify workers as employees rather than independent contractors for future tax periods. In return, the employers' liability for past payroll tax obligations is cut substantially. . . . more

Health insurance: IRS issues regulations on ACA 'shared responsibility' provisions; What you need to know
April 2013
The IRS has issued extensive proposed regulations on the employer shared responsibility provisions of the Affordable Care Act (ACA). Although they would take effect for periods starting after December 31, 2013, the IRS has said employers can rely on these proposed regs in the meantime for purposes of complying with the shared responsibility provisions. Below, we highlight the most important regulations. . . . more

Leaves: DOL expands FMLA protection for workers with adult children with disabilities; 4 requirements for leave
April 2013
The federal Family and Medical Leave Act (FMLA) generally doesn't provide leave for an employee to care for a son or daughter who is 18 years of age or older--but it may be available to care for an adult child with a qualifying disability. . . . more

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