Originally published for HR California
In a pro-employer decision that provides guidance in responding to employees’ request for accommodations, a California court aptly noted that such requests need not excuse an employee from performing the ...
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How California Employers Have Handled Competition in the Absence of Non-Compete Agreements
Updated February 15, 2023
And Why the Rest of the Nation May Soon Follow California’s Ban on Non-Compete Agreements
As the federal government considers limiting or prohibiting employee noncompetition agreements, employers doing business in ...
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Must Employers Pay When Employees Claim They’re Too Busy for Rest Breaks?
Originally published for HR California
Virtually all California employers and their employees are aware of workers’ rights to take paid rest breaks during a typical shift — that all nonexempt employees whose total daily work time is at least ...
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Owners’ Personal Liability for Minimum Wage Violations
Court Finds Discretion “May” Not be Judicial
Business owners often incorporate their businesses to help protect personal assets. Under California law, a corporation stands as a separate legal entity and can shield its owners from personal ...
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“Have a Seat” California Employees!
New Ruling Heightens Employers’ Duty to “Provide” Suitable Seating
California regulations have long declared that California employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of a seat.” But, ...
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ADA Claims Could Apply to Businesses With Fewer Than 15 Employees
Originally published for HR California
A recent Ninth Circuit decision allows a former employee to proceed with her Americans with Disabilities Act (ADA) discrimination claims despite working for an employer with fewer than 15 employees. In this ...
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Customer’s Solicitation of Male Manicurist Enough to Establish Hostile Work Environment
Originally published for HR California
A recent Ninth Circuit Court of Appeals decision handed an employer a partial win — for discrimination, but not harassment. In this case, plaintiff Vincent Fried, a manicurist in a salon at the Wynn Las Vegas ...
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PAGA: Employee with Outdated Individual Claim May Proceed with Representative Claim
Under the California Labor Code's Private Attorneys General Act of 2004 (PAGA), an aggrieved employee — acting solely on their own behalf and/or on behalf of other current and former employees — may bring a civil action to enforce Labor Code ...
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