Tag: california hr

Honest Mistake Costs California Employer

A recent California decision serves as a reminder to employers that the landscape of disability discrimination is quite complex. When an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an honest mistake—will be borne by the employer.

Fatal Occupational Injuries in California

The California Department of Industrial Relations (DIR) has released data regarding the number of workplace fatalities for 2014, the most recent numbers available. The good news is the number of Californians who died on the job decreased from the previous year.

California Uber Driver Update

It’s been a common question in California courts—when should a worker be classified as an independent contractor? Drivers for ride-hailing giant Uber will continue to be independent contractors under the terms of a settlement of class-action lawsuits in California and Massachusetts if the settlement receives court approval.

Pregnancy—Was Termination Legit, or Was It Discrimination?

By Beth Kahn and Timothy J. Toohey A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating her.

Third Time Not the Charm for California School District

A California sexual harassment case was tried by a jury three times. The first time, the jury found in favor of the school district. The second time, a mistrial was declared before a verdict was rendered. The third time, the jury awarded the employee $199,399 for her sexual harassment claim. Read on for the details.

Amendments to FEHA—What Employers Need to Know

By Joan Farrell, JD, Senior Legal Editor New amendments have recently been approved to California’s Fair Employment and Housing Act (FEHA) regulations, and employers must take notice and act accordingly. BLR® Senior Legal Editor Joan Farrell, JD, has the necessary information to bring you up to speed.

Was It Just a Layoff … Or Was It Age Discrimination?

by Teresa W. Ghali Companies that undertake reorganizations often face potential liability for lawsuits, including discrimination claims that stem from the reorganizations and associated layoffs. One such claim in California—alleging age discrimination—was able to be disproved by the facts.

Meal Period Waivers in California

by Elizabeth J. Boca Recently, the California Court of Appeal for the 5th Appellate District addressed the issue of on-duty meal period waivers as it relates to direct-care staff of residential homes. Read on for more background on the case.