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Violent Employees: Court Rules Employer Not Automatically Liable For Criminal Assault By Employee; 3-Point Lawsuit Prevention Checklist

Maria D. (as she was referred to in court documents) claimed that late one night as she drove along the Pacific Coast Highway in Southern California, she was pulled over by an on-duty Westec Residential Security guard wearing a uniform and gun. The guard allegedly pointed a spotlight in her face, asked for her license, […]

Sometime You’ve Gotta Use the “F” Word

Recently, I was intrigued by a Wall Street Journal article — “A Four-Letter Word Schools Won’t Use.” It said that colleges absolutely refuse to use the “F” word. Yes, it’s true. Schools avoid using the word “FIRE” at all costs. According to the article, the writer analyzed 50 recent news releases announcing coaching changes in […]

Espionage in an Employee Handbook?

Yesterday, we went back in time and looked at some interesting policies from Walt Disney’s 1943 employee handbook. Today, a few more — as well as a foolproof way to ensure your handbook is always current and complete.

It’s the Customer, Stupid

It’s hard to believe but 2009 is coming to an end. For many, 2009 can’t be over soon enough. For most businesses, it has been a challenging year. And while we’ve seen a rebound in the stock market, most companies are reporting earnings that, while they beat analysts’ estimates, are still significantly less than they […]

Retaliation Claims: Court Rules Employers May Now Be Sued When Co-Workers Retaliate; 3 Important Steps To Prevent Lawsuits

It may come as a surprise that employers can now be sued if co-workers harass an employee who has made a workplace complaint. A recent Ninth Circuit Court of Appeals decision has broadened the liability of employers for retaliation to include not just supervisors’ acts, but also the hostile conduct of other employees. We’ll offer […]

Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]

Are You Paying the Right Overtime Rate?

Under both California and federal law, nonexempt employees must be paid daily and weekly overtime at the rate of 1.5 times the employee’s “regular rate” of pay. Daily double-time must be paid at 2.0 times the “regular rate.”

ADA Accommodations: Supreme Court Says State Workers Can’t Sue Their Employers For Damages Under The ADA

Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]

My wife made me do it

by Mark I. Schickman People often complain that California employment law is bizarre. My colleagues around the country call our judges “fruits and nuts.” To the contrary, however, while our legislature is farther left than most states’ legislatures and our juries are more profligate than most, our appellate courts are relatively centrist. The award for […]