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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
Workplace Employee Benefits Notices Chart
As a California employer you are subject to a variety of state and federal laws requiring notices to employees. This chart summarizes the employee benefits notices you're required to give them and provides a link to where you can find each notice or a sample. . . . more
Sexual Harassment: Do You Have a Solid Complaint System? Federal Court Admonishes Burger King Franchisee for Inadequate Procedures
CEA Online Exclusive
Have you reviewed your antiharassment policy recently to make sure it contains not only the provisions required by law but is also tailored to the needs of your organization and your workforce? . . . more
Bulletin: Troubled by terminations? Get your questions answered at the ERI Intensive Class on terminations in June
April 2008
Firing an employee is never a pleasant experience, yet it's an unavoidable aspect of your job. But make the wrong move when terminating a worker and your company could be facing a costly lawsuit. Don't take chances . . . more
Wrongful Termination: Labor Relations Law Preempted Employee's Wrongful Discharge Lawsuit—But Caution Still Required
April 2008
Richard Luke was a maintenance engineer for Collotype Labels USA, Inc., a Napa manufacturer of wine and liquor labels. Luke was suspended for three days for allegedly violating . . . more
10 Tips to Avoid Retaliation Lawsuits
CEA Online Exclusive
In a story in this month's issue of California Employer Advisor, we highlight the need for employers to be keenly aware of the situations that can lead to retaliation claims. Here are 10 practical tips you can use to help your company steer clear of retaliation problems . . . more
Retaliation: Ninth Circuit Rules on 'Cat's Paw' Liability; How to Ensure That One Supervisor's Bias Doesn't Taint Another's Decisions
November 2007
In an old fable, a monkey convinces an unwitting cat to scoop out chestnuts from a burning fire. As the cat gathers the chestnuts one by one--and burns its paws in the process--the monkey, unbeknownst to the cat, eagerly gobbles them down. Borrowing from this story, courts have used the term "cat's paw" to describe . . . more
Checklist for Internal Investigations
CEA Online Exclusive
An employer must be careful when conducting an investigation following an employee complaint or allegations of misconduct. In this issue, we highlight a California appeals court decision that emphasizes the importance of thorough internal investigations and how they can help you avoid liability. This month we're providing a detailed checklist for you to use as a guide to determine whether an investigation is needed and how to complete it. Online subscribers can access this checklist now . . . more
Terminating Employees: Neutral Investigation Helps Defeat Discrimination Charges
September 2007
Richard King was a valued United Parcel Service (UPS) supervisor in Redding for more than 30 years, until he was fired for falsifying an employee's timecard. King contended in a lawsuit that the real reason . . . more
News Notes: Work Criticisms Don't Equal Adverse Action August 2005
When Specialty Restaurants Corp. (SRC) hired Alberto Pinero as general manager of Luminarias in Monterey Park, Pinero had an age bias lawsuit pending against his former employer that he didn't tell SRC about. . . . more
Legislation and Reform Proposals Whistleblowing: New Laws Change Wage Statement Requirements, Clarify Whistleblower Poster Rule
November 2004
Governor Schwarzenegger has signed new laws changing the information you must include on employee wage statements and clearing up how large the type must be on your whistleblower posters. SSN . . . more
Workplace Investigations: New Law Clears Way For Employers To Use Outside Investigators; What You Need To Know
February 2004
For several years, employers have struggled with whether they have to comply with the Fair Credit Reporting Act's (FCRA) detailed notice and disclosure rules when they use outside experts to investigate employee misconduct, such as harassment. The uncertainty stemmed from a now infamous opinion letter from the Fair Trade Commission that stated reports prepared by third-party investigators in connection with investigations of employee misconduct amounted to "investigative consumer reports" covered by the FCRA. Therefore, you had to obtain the employee's advance consent to the investigation and provide the person with a copy of the final investigative report. . . . more
Bulletin Item: New Whistleblower Poster Included With This Issue
February 2004
Last year a new law required employers to post information about state whistleblower protections. We've drafted a sample poster that you can use at your organization. . . . more
Employee Misconduct: High Court Says Public Employers Can Punish Workers Who Lie In Investigations; How New Ruling Could Affect You
March 1998
When employees are accused of misconduct, their first instinct may be to say they didn't do it. But under a new U.S. Supreme Court ruling, public employer scan impose additional punishment on workers who deny an accusation that later proves to be true. This seemingly straightforward decision could have some unexpected consequences, however, as employers may find it harder to get employees to cooperate in misconduct investigations. . . . more
2010 California Employment Law Update
2010 Guide to Employment Law for California Employers
California Labor Law Posters
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