The Importance of Having Written Employment Policies

Reasonable Accommodation

October 14th, 2018

The Importance of Having Written Employment Policies

Application & Hiring, CA Employee Handbooks, Harassment & Discrimination, Leaves of Absence, Meal & Rest Breaks, Paid Sick Leave, Personnel Files, Reasonable Accommodation, Wage & Hour Issues

I was recently retained by a new client to defend the company against wage and hour charges brought by a former employee that were filed with the California Labor Commissioner’s office. As I do whenever I get a new client, I asked if they had an employee handbook or other written personnel policies. Unfortunately, they did not. This makes it much more difficult to defend against employment claims brought by employees. The failure to have written policies may be taken as evidence that you do not comply with your legal obligations.

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August 31st, 2018

Beware Of Using No-Fault Attendance Policies

CA Employee Handbooks, Leaves of Absence, Paid Sick Leave, Reasonable Accommodation

Whenever I do employee handbook reviews for new clients, I make sure to always remove their no-fault attendance policies.  These are policies where discipline is automatic after a certain number of absences or a certain number of days of reporting to work late – regardless of the reason for the absence or tardiness. These policies could open an employer up to liability for violating state and federal law requiring reasonable accommodation for employees with disabilities, state and local law providing for mandatory paid sick leave, as well as various other protected leave laws.

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June 13th, 2018

How To Handle Disability Leaves

Harassment & Discrimination, Paid Sick Leave, Reasonable Accommodation

One of the main areas where I see employers botch their legal duties to their employees (and thereby potentially invite lawsuits) arises with employees who request disability leaves. There are different laws that provide for disability-related leave, such as the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA) (both of which apply only to employers with 50 or more employees), as well as California’s Pregnancy Disability Leave law. But the most common type of leave requested is disability leave under the California Fair Employment and Housing Act (FEHA).

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