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Employment Law

EEOC sues Walmart for firing employee with Down syndrome

01/31/2017
An EEOC lawsuit claims Walmart violated the ADA when it fired a longtime employee with Down syndrome after the woman had a hard time adjusting to a new schedule.

Acting chairs named to head EEOC, NLRB

01/31/2017
President Trump has named Victoria Lipnic to serve as acting chair of the EEOC and Phillip Miscimarra to serve as acting chair of the National Labor Relations Board.

Can we urge an employee to change her name?

01/30/2017
Q. With Valentine’s Day around the corner and love in the air, I think it would be an opportune time to convince our employee to take her husband’s last name.

Settlement in Central Valley, Calif. harassment, retaliation case

01/30/2017
South County Support Services and its sister company, Southwest Transportation Agency, have agreed to settle EEOC sexual harassment and retaliation charges leveled by a former employee.

Carefully track exactly who applies for jobs

01/30/2017

If you advertise job openings and someone does not apply, they’re going to have a hard time proving that you discriminated against them.

Could you prove employee really signed agreement?

01/30/2017
If you use arbitration agreements to resolve workplace disputes, make sure you can prove that the employee actually agreed to the terms.

Tricky compensation arrangements are not a do-it-yourself project

01/30/2017
If you are tempted to use obscure provisions of California’s labor and employment laws to pay your employees, make sure you (and your attorney) pay close attention to the details.

California Supreme Court’s big break ruling: Workers must be completely relieved of duties

01/30/2017
On Dec. 22, 2016, the Supreme Court of California ruled that California law prohibits on-duty and on-call rest periods.

Santa Ana, Calif. eatery serves up $96K in back OT, penalties

01/30/2017
The couple who owns El Calamar restaurant in Orange County has agreed to settle federal charges that they violated the Fair Labor Standards Act when they failed to pay cooks for all the overtime they worked.

Job–not job description–counts for exemption

01/30/2017
A job description that specifies that an employee’s position is exempt and delineates job duties that fit an exemption isn’t enough to establish exempt status.