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Employment Law Archives

Study shows older-worker job losses more damaging than thought

At our law firm, we advise California employers on how to comply with state and federal laws against age discrimination. Last summer, we posted in this space about a class-action lawsuit alleging that social-media advertising for job openings that only display in the feeds of workers under a certain age are discriminatory based on age. Those in the employment law field are still waiting for this decision to understand its implications.

California noncompete-clause ban now has narrow exception

California law is serious about protecting employees within its borders. To that end, Labor Code section 925, which became effective in 2017, explicitly provides that an employer, as a condition of employment, may not force employees who primarily work and reside in California to agree to resolve legal disputes arising out of their employment in California, in courts of a different state. The statute also provides that an employer may not deprive an employee of a "substantive protection" of state law in any dispute arising here.

An introduction to wrongful discharge of California employees

At our law firm, we provide advice to a wide variety of Northern California private and public employers about the employee-employer relationship, including under what circumstances it may be illegal under state or federal law to fire someone. It is wise for employers to have some basic understanding of the laws related to wrongful termination as employer-employee relationships begin and evolve.

California expands employer sexual harassment training programs

At Duggan Law Corporation, we provide training services to Northern California employers so that they can comply with state law requirements. The focus is to provide sexual harassment training to supervisors every two years for employers with more than 50 employees or contractors. As we discussed earlier this year, a new 2018 requirement requires this supervisor training to include issues related to gender expression, gender identity and sexual harassment.

Why employers should consider getting rid of probationary periods

Many companies have historically included language in their new hire contracts and employee handbooks about "probationary periods." This time frame usually spans around 90 days and outlines the employee and employer's right to terminate their employment relationship for any reason during the period.

Disability discrimination: What is a reasonable accommodation?

Both the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) require employers to provide reasonable accommodation for job applicants and employees with actual or perceived physical or mental disabilities.

New law clarifies key terms in salary history inquiry ban

As many California employers are aware, state law now prevents employers from asking job applicants about their salary history or from using salary history to make decisions regarding job offers or starting salaries. As we discussed in a previous post, this new law, which went into effect on January 1, also requires that employers provide pay scale information to applicants upon reasonable request.

More employer responsibilities regarding national origin (part 3)

Today, we wrap up our conversation about new California regulations to keep employees and job applicants safe from national-origin discrimination. Having just taken effect on July 1, these rules describe how California employers can meet their related responsibilities.

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