The California Edition of the Employment & Labor Newsletter

April 2016

Take a Seat! California Supreme Court Provides Clarity on Authors California’s Suitable Seating Laws


The recent ruling by the California Supreme Court on suitable workplace seating arrangements will affect a vast number of employers throughout California, significantly widening avenues for litigation against them. It is likely that other states will reconsider their approach based on these newly clarified suitable seating requirements.
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Employers Reminded to Post Annual Work Injury and Illness Summaries


The Cal-OSHA has published a reminder about the requirement to post the summary of all injuries and illnesses reported in the last year in a visible and easily accessible area at each worksite. The summary of annual injury and illness is compiled in Cal-OSHA Form 300A Appendix B and must be posted from February 1 through April 30. Employees have a right to review the list of injuries and illness records.
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Lawfully Recovering Costs of Training Programs from Employees Is Tricky but Not Impossible

There are certain circumstances under which an employer may recoup costs of an employer-sponsored training program from an employee without violating the California Labor Code. Recently, the Court of Appeal in USS POSCO Industries v. Floyd Case (2016) 244 Cal.App.4th 197, held that an employee who voluntarily enrolled in a three-year, employer-sponsored educational program was bound by the contract he entered into agreeing that if he quit his job within 30 months.
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FEHC’s Upcoming Proposed Rulemaking on Criminal History

The Fair Employment and Housing Council (Council) of the Department of Fair Employment and Housing proposes to amend section 11017 of Title 2 of the California Code of Regulations. Section 11017 outlines the components of the employee selection process during which members of a class protected by the FEHA may be illegally discriminated against. These components are selection, testing, placement, promotion, transfer, utilizing criminal records, or height and weight standards.
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