Archive for the 'California' Category
by Mark I. Schickman
At its heart, the Pennsylvania State University (PSU) football scandal is a criminal matter. But it’s also the ultimate example of sexual harassment being permitted to recur openly, continuously, and notoriously in a workplace. It’s a sober reminder of what can happen if any person or group believes they are bigger than [...]
Posted in California, Commentary, Discipline and Employee Misconduct, Employee Misconduct, Pennsylvania, Sexual Harassment by: California Employment Law Letter
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by Mark I. Schickman
Across America, California employment laws are considered very liberal, too far left. But, in England, the employment law of every American state is viewed as only a cut above indentured servitude. Their legal establishment is disdainful of America’s “regressive” employment laws, and many tribunals will simply refuse to enforce our “barbaric” at-will [...]
Posted in California, Commentary, Employment At Will, Termination, Terminations by: California Employment Law Letter
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by Mark I. Schickman
You may have heard that California is going broke. As we look for more ways to generate revenue, one idea keeps cropping up: Move marijuana out of the underground economy and develop a new tax-generating agricultural product. Medical marijuana clubs have sprouted all over the state, and the November general election will [...]
Posted in California, Discipline, Discipline and Employee Misconduct, Safety in the Workplace, Union Organizing, Unions by: California Employment Law Letter
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by Jim Brown and Marc Koonin
Companies with employees working in California must always remain mindful of the state’s protectionist wage and hour laws. You must always comply with federal standards and all California laws that provide greater protections for employees than the federal requirements. Failure to do so might be an unwelcome invitation to a [...]
Posted in Break Time, California, Classifying Workers, Employee Leave, Exempt Employees, Minimum Wage, Non-exempt Employee, On-call Time, Overtime, Paid Time Off, State Laws, Termination, Travel Time, Vacation, Wage and Hour by: California Employment Law Letter
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A federal judge blocked parts of Arizona’s new immigration law on Wednesday, the day before the rest of the measure went into effect. But legal challenges are already flying and many are waiting to see what happens next.
Last year, a record number of immigration-related laws were considered and passed in the 50 states. Over 222 [...]
Posted in Arizona, California, Colorado, E-Verify, Georgia, Hawaii, Hiring, Illinois, Immigration, Iowa, Maine, Maryland, Minnesota, Mississippi, Montana, Nevada, New Jersey, Ohio, Oklahoma, South Carolina, State Laws, Tennessee, Texas, U.S. Supreme Court, Unemployment, Utah, Virginia, Washington, West Virginia, Workers Compensation by: Employers State Law Alert
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by Lorraine Yeomans
The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana.
On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine signed the [...]
Posted in ADA, ADA Accommodation, Alabama, Alaska, Arizona, California, Colorado, Delaware, Discipline, Drug Free Workplace, Drug Testing, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nevada, New Jersey, New Mexico, North Carolina, OSH Act, Oregon, Pennsylvania, Policies, Rhode Island, Safety in the Workplace, Tennessee, Vermont, Washington, Wisconsin by: Employers State Law Alert
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Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose?
Employers attorneys get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve [...]
Posted in ADA, ADA Accommodation, California, Discipline, Documentation, Hiring, Job Descriptions, Performance Evaluation, Termination by: California Employment Law Letter
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by Mark I. Schickman
We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move [...]
Posted in California, EFCA, NLRB, Union Organizing, Unions by: California Employment Law Letter
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Last week, we discussed four employment law issues state legislatures will be grappling with in 2009 — layoff notification laws, immigration, the Americans with Disabilities Act (ADA) and it’s state equivalents, and unemployment benefits. This week, we’ll discuss four more – family and medical leave, workplace discrimination, minimum [...]
Posted in California, FMLA, FMLA Leave, FMLA Military Leave, GINA, Genetic Discrimination, Michigan, New Jersey, OSHA, Safety in the Workplace, Sexual Orientation Discrimination, State Laws, Workplace Discrimination by: Employers State Law Alert
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The nation’s economy and its impact on state budgets will be the overriding factor state legislatures address in 2009. Many states have already attacked their budget shortfalls by delaying projects, implementing hiring freezes, eliminating positions, and cutting programs. With predictions of continued shortfalls in 2009, state budgets will be first on [...]
Posted in California, Disability Discrimination, E-Verify, Immigration, Layoffs, New York, Oregon, State Laws, Unemployment, WARN by: Employers State Law Alert
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