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California Employer Advisor articles

Find the most recent California Employer Advisor articles here.

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Online Exclusive: Checklist for complying with new FMLA regs
CEA Online Exclusive June 2013
This year marks the 20th anniversary of the Family and Medical Leave Act (FMLA), and the U.S. Department of Labor (DOL) marked the occasion by issuing new regulations implementing expansions of the FMLA. . . . more

NLRB releases guidance on employee confidentiality in internal investigations
June 2013
The National Labor Relations Board (NLRB) recently issued a memorandum advising that an employer's confidentiality rule regarding internal investigations was overly broad. NLRB's associate general c . . . more

California's new disability regulations: What employers need to know
June 2013
Toward the end of 2012, the California Fair Employment and Housing Commission released sweeping new disability discrimination regulations under the Fair Employment and Housing Act (FEHA). The regulati . . . more

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

FEHA: 9th Circuit tosses claims of terminated employee with disability; Employer's conduct was justified
June 2013
Discrimination, retaliation, harassment--the case brought by a fired retail store manager with a disability claimed it all. But a ruling by the federal 9th Circuit Court of Appeals (which covers California) is a welcome reminder that merely having a disability isn't enough to support discrimination or retaliation claims, and rude behavior doesn't necessarily rise to the level of harassment. . . . 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

Online exclusive: Checklist for pregnancy-related medical certifications
CEA Online Exclusive May 2013
Under the amended California pregnancy regulations released last year, employers may require written medical certifications as a condition of granting reasonable accommodation, transfer, or pregnancy disability leave. . . . more

Labor Commissioner cites L.A.-based hospital chain more than $7 million for wage violations
May 2013
The California Labor Commissioner has cited Pacific Health Corporation about $6.5 million for failing to provide complete and accurate itemized wage statements to employees . . . more

USCIS publishes updated Form I-9 guidance
May 2013
In March, the U.S. Citizenship and Immigration Service (USCIS) issued a revised Employment Eligibility Verification Form I-9. Although the USCIS continued to accept the previous version for a short pe . . . 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

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