Can an California Employer Fire an Employee for Stopping an Armed Robbery?
Dec 04, 2012
An AutoZone in Virginia was held up by a man who police say is responsible for 30 robberies in the area. He came in as the store manager and an associate, Devin McClean, were closing the store.
The as...
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Sometimes Even Men Complain of Sexual Harassment
Nov 16, 2012
A common misperception is that men are either not sexually harassed, or that they like it and won't complain. While this may occur in some cases, Michael Crichton taught us a decade ago that even if De...
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Association Discrimination -- The Zone of Interests
Nov 16, 2012
I recently attended a training course presented by the Equal Employment Opportunity Commission ("EEOC"). It was a very good conference. However, employers should be aware of certain trends and when it ...
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Strippers Misclassified as Independent Contractors Win $12.9 Million
Nov 02, 2012
The Los Angeles Daily Journal (a legal periodical) today reported on a $12.9 million settlement among "exotic" dancers (strippers) and the "gentlemens' clubs" (strip joints) where they plied their trad...
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The NLRB Prohibits Confidentiality in Harassment Investigations
Oct 29, 2012
Here goes the NLRB again, trying to make itself relevant in todays modern, non-unionized workforce.In the case of Banner Health System, 358 NLRB No. 93 (July 30, 2012), the NLRB determined that an empl...
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New California Laws Affecting Commissioned Employees
Oct 26, 2012
Labor Code section 2751 has been on the books for several years. Historically, it required out-of-state companies to document, in writing, the commission structure for employees. The court invalidated...
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California Employers Can't Ask for Passwords for Facebook or Social Media
Sep 28, 2012
The governor signed AB 1844. It prohibits an employer from asking or requiring an applicant or employee to:
Divulge a social mediausernameor password;
Access social media in the presence of the employ...
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Terminating Employees For Fraud in California -- Dutra v. Mercy Medical
Sep 27, 2012
Ms.Dutrawas upset with her employer, Mercy Medical Center, when she was confronted about her gossiping (for which she had been disciplined in the past), check fraud and time card fraud. She, with her u...
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Reporting Time Pay, Split Shift Premium & Attorneys' Fees in California
Sep 25, 2012
In Aleman v. AirTouch Cellular, 2012DJDAR 13269,a group of customer service representatives who sold cell service and equipment in kiosks filed suit claiming the company did not pay them properlyfor at...
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The Trouble with Grade Inflation on Personnel Evaluations
Sep 18, 2012
Per ourfirm'spractices, we periodically purge files. Recently, I reviewed a file containing old seminar materials. In the file were examples of poor employer behavior.
Years ago I had a client, an own...
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