Recent Articles

The Anti-Coolie Act of 1862 (or the post where I violate important rules of blogging)

Jeff Polsky
March 20, 2012 17:35

One of the first rules of blogging is to provide useful information, not just historical perspective. Another is: Don’t bury the lede. In this post, I violate both. But it’s a familiar scenario. There’s an economic downturn and unemployment rises. As...

Are Office Betting Pools Legal in California?

Jeff Polsky
March 12, 2012 17:09

Not entirely.  But as I explained last year, your odds of doing hard time are pretty remote. I'm tempted to complain about the unfairness of Cal (with 24 wins out of the Pac-12) being relegated to a play-in game.  But I better wait to see if they win that game before I do.

Are Office Betting Pools Illegal in California?

Jeff Polsky
March 12, 2012 17:09

Not entirely.  But as I explained last year, your odds of doing hard time are pretty remote. I'm tempted to complain about the unfairness of Cal (with 24 wins out of the Pac-12) being relegated to a play-in game.  But I better wait to see if they win that game before I do.

Hiring Employees With Conviction (Part 2)

March 08, 2012 17:48

Many employers utilize background checks to gather information prior to making hiring decisions.  In the past, if someone turned up with a felony conviction, their application was dismissed.  NOT SO FAST! The EEOC now says that such an act might constitute a violation of Title...

Recap of 50 Legal Tips in 50 Minutes

March 05, 2012 22:57

Last week I participated on a panel that presented "50 Legal Tips in 50 Minutes" at the Cornell HR in Hospitality Conference.  Our goal was to provide 50 practical and pithy tips for HR practitioners.  The presentation was well received.  For a summary of tips...

$168 Million Verdict In Single Plaintiff Termination Case

Jeff Polsky
March 02, 2012 21:43

This is the nightmare of every employment defense attorney who tries cases.  A federal court jury in Sacramento awarded plaintiff Ani Chopourian $168 million against her former employer, Mercy General Hospital.  Carol J. Williams at the LA Times wrote about the...

Court Reiterates Steps Required for Employers to Enforce Arbitration Agreements

February 28, 2012 22:55

In the recent case of Mayers v. Volt Management Corp, (PDF) the Court of Appeal upheld the lower court's denial of the employer's motion to compel arbitration.  The employee had filed a complaint for violations of the Fair Employment and Housing Act ("FEHA"), and the employer moved...

Not Satisfied With The Threat Of Crippling Financial Penalties, Labor Commissioner Adds Armed Cops To Her Arsenal

Jeff Polsky
February 28, 2012 21:34

Yesterday, the Division of Labor Standards Enforcement issued a press release announcing that it was launching a Criminal Investigation Unit to investigate “wage theft and other criminal activities against workers.”  “Wage theft” is part of the DLSE’s new lingo...

The Mystery of the One-Armed Barista

Jeff Polsky
February 16, 2012 17:36

Employers:  Do your managers understand their obligations under disability discrimination laws? In my opinion (notice I omitted the adjective “humble”), the most challenging area of discrimination law involves accommodations for disabled employees and applicants. In other areas of...

California and DOL join forces

Jeff Polsky
February 15, 2012 17:03

Last week, California and The U.S. Department of Labor agreed to work together to go after employers who misclassify employees as independent contractors. My colleague Keith Reinfeld wrote about it here. California is the 12th state to join with the DOL in this regard. But...