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Employees Can't Sue for Unpaid Vacation Before It's Earned
7/10/2009
By now, most employers have at least heard that California prohibits "use it or lose it" vacation policies--meaning that once an employee earns vacation time, that time can't be forfeited for any reason. But can an employer decide not to award vacation time right away to new employees? . . . more
Employer Should Not Have Scrapped Test Results, Supreme Court Rules
7/8/2009
The U.S. Supreme Court has just issued an important ruling in Ricci v. DeStefano. The case involved firefighters in New Haven, Connecticut who took a civil service test in order to determine who was eligible for promotion . . . more
Supreme Court Sets Bar High for Employees With Federal Age Bias Claims
6/26/2009
A recent decision from the U.S. Supreme Court clarifies that employees suing for age bias under the federal Age Discrimination in Employment Act (ADEA) must show that age bias was the motivating reason for the action taken against the employee. . . . more
Reminder: Sexual Harassment Training is Mandatory in California
6/24/2009
California is one of only three states in the country that require mandatory sexual harassment prevention training for supervisors. Of those three--Connecticut and Maine are the other two--the rules for California employers are the most detailed. Failure to adequately train supervisors can become evidence in a lawsuit that an employer hasn't taken . . . more
Greening the Workplace: Put Your Company Ahead of the Curve
6/19/2009
So what else can you do to maintain a greener workplace? Plenty. . . . more
Court Rules Employer Owes No Post-Termination Commissions
6/17/2009
A recent California appeals court decision highlights the importance of carefully drafted commission pay agreements . . . more
DFEH Reports Rise in Employee Complaints
6/10/2009
The California Department of Fair Employment and Housing (DFEH) recently issued its 2008 Annual Report, noting a 15 percent increase in employee complaints over the previous year. . . . more
From the CEA Mailbag: Are Paid Birthdays Off the Same as Vacation?
6/5/2009
Our company policy gives employees their actual birthday off with pay. A birthday that falls on a Saturday, Sunday, or holiday will be taken on the preceding or following workday. Subject to a supervisor's approval, employees may take another day off, but it must be within one week of the employee's actual . . . more
EEOC Issues H1NI Flu Virus Guidance for Employers
6/3/2009
The federal Equal Employment Opportunity Commission (EEOC) has issued two guidance memos for employers related to the current H1N1 flu outbreak--formerly known as "swine flu . . . more
Can an Early Retirement Nudge Lead to a Lawsuit?
5/29/2009
Employers are often reluctant to follow up on allegations made against employees nearing retirement age, both because of the fear of age bias claims, and because these employees stand to lose valuable retirement and other benefits if they're terminated. For these reasons, employers sometimes suggest that the employee take early retirement rather than risk termination . . . more
Prop 8 Upheld by California Supreme Court
5/27/2009
Yesterday, the California Supreme Court upheld the November amendment to the state constitution--Prop 8--that prohibits same-sex marriage. The court did, however, rule that the 18,000+ same-sex marriages already performed in California will remain legally valid. . . . more
Age Bias Becoming Battleground Issue for Employers
5/22/2009
Earlier this month, a statewide class-action lawsuit was filed in a Northern California federal court, alleging that Minnesota-based giant 3M systematically discriminates against older employees. The lawsuit follows a similar case already pending in 3M's home state. . . . more
New Health Benefits Law Goes into Effect this Year
5/20/2009
On October 9 of this year a new federal law--called Michelle's Law—regarding who's entitled to health benefits will go into effect. The law is named for Michelle Morse, a New Hampshire college student with cancer who continued with a full course load against her doctor's advice in order to maintain health benefits under her parents' health plan. The parents' employer-sponsored group health plan only covered dependent children who were enrolled in school on a full-time basis, and would have discontinued coverage if Michelle had taken a medical leave of absence from school in order to undergo treatment . . . more
California Supreme Court Focuses on Wage and Hour Issues
5/15/2009
Many employers mistakenly believe that they can prohibit employees from discussing salaries, pay rates, bonuses and other benefits with one another. . . . more
Can You Keep Employees From Discussing Salaries?
5/13/2009
Many employers mistakenly believe that they can prohibit employees from discussing salaries, pay rates, bonuses and other benefits with one another. . . . more
Consider the Big Picture Before Terminating Pregnant Employees
5/8/2009
An employee takes pregnancy-related medical leave. While she's out, you discover that she falsified certain time sheets and billing records. On the day she's set to return from leave, you instead tell her that she's being terminated. . . . more
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2009 Guide to Employment Law for California Employers
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