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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.

Beauty and the Best

By Mark I. Schickman We have eliminated many forms of workplace discrimination and made great strides toward erasing others. Nonetheless, one form of discrimination ― “Beauty Bias,” as coined by Stanford Law Professor Deborah Rhode ― remains alive, well, and possibly inherent in the human condition. When babies are shown pictures of adults, they usually […]

Leave Banks: Can We Deduct Partial-Day Absences from Exempt Employees’ Leave Banks?

We seem to have come across a conflict related to exempt employee leave banks. We want to deduct from our exempt employees’ leave banks for partial-day absences. We understand that the California Labor Commissioner has indicated that accrued leave time may not be used to replace salary for partial-day absences. However, I see that a […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Random Thoughts on FLSA Administrative Exemption

by Kara E. Shea I’ve been working with several clients lately on Fair Labor Standards Act (FLSA) compliance issues — specifically, on exemption classification audits. During an audit, I review all the jobs an employer has deemed exempt from overtime under the FLSA and try to decide whether the positions have been correctly classified. It’s […]

employee

Recruiting for the Most Promising Career Fields in 2019

School is starting across the nation and many college students will be picking majors or finalizing career plans as the year unfolds. For recruiters in some industries, your selection options will be ripe for the picking, but for others, you may be faced with the same challenges you’ve been struggling with for much of 2018.

Disabled Workers: New Ruling Highlights Key Differences Between ADA And California Law

Although the disability provisions of the California Fair Employment and Housing Act (FEHA) were modeled after the Americans with Disabilities Act (ADA), the two laws have some key differences—and the California rules provide greater protection for disabled employees. We’ll tell you about a new ruling from a federal court in San Francisco that focuses on […]

AI

Creating Strategic HR and Innovation—A Practitioner’s Perspective

By Holly Kortright To be a true strategic business partner to executives, the HR department must take a business-oriented approach to the human capital side of the organization, says Kortright. She shares what it means to be an HR leader who is a strategic business partner engaged in creating the future. Kortright is Senior Vice […]