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Home | Current Issue

California Employer Advisor: Current Issue

Articles from current issue of the California Employer Advisor monthly newsletter are listed below.

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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
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
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
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