Archives

Wage and Hour: Were Bonus Deductions for Workers’ Comp Losses and Cash Shortages Illegal? Exercise Caution with Deductions

By Jennifer Carsen Dec 1, 2003 HR Management & Compliance

Updated: May 19, 2015

In calculating profit-based bonuses for certain store employees, Ralph’s Grocery Co. subtracts the store’s workers’ compensation costs as well as cash and merchandise shortages. David Swanson, a former Ralph’s store manager in Southern California, filed a class action lawsuit on behalf of himself and other employees challenging these bonus deductions. He claimed the grocer violated […]

News Notes: New ADA and Hiring Fact Sheet Available

By Jennifer Carsen Dec 1, 2003 Uncategorized

Updated: Dec 1, 2003

The federal Equal Employment Opportunity Commission has published a new fact sheet with guidance on how the Americans with Disabilities Act applies to the hiring process. The fact sheet, available at www.eeoc.gov, addresses employer obligations to accommodate disabled applicants and medical inquiries that are and are not permissible during the hiring process.

Whistleblowers: Legislation Targets Corporate Accountability; New Whistleblower Protections, Posting Requirement, and Penalties Take Effect January 1

By Jennifer Carsen Nov 1, 2003 Uncategorized

Updated: Nov 1, 2003

Gov. Davis has approved legislation taking aim at corporate corruption. The new laws, modeled on the federal Sarbanes-Oxley Act, protect employees who blow the whistle on possible corporate transgressions, create steep new fines for not disclosing corporate financial fraud, and add an important new workplace posting requirement. Here’s an overview of what you need to […]

Workers’ Compensation: Governor Signs Reform Package, Employers to Soon See Savings

By Jennifer Carsen Nov 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Gov. Davis has signed landmark legislation to reform California’s troubled workers’ compensation system and put a lid on the upward spiral in workers’ comp costs faced by California employers. And now, after having pored over the numbers, the Workers’ Compensation Insurance Rating Bureau (WCIRB) has recommended that the 12 percent pure premium rate increase scheduled […]

Retaliation: Court Green-Lights Lawsuit by Employee Fired for Complaining that Co-Worker Was Harassed; Avoiding Retaliation Claims

By Jennifer Carsen Nov 1, 2003 HR Management & Compliance

Updated: May 19, 2015

Freddy Hernandez, a lead technician for Spacelabs Medical Inc. in Chatsworth and then in Redmond, Wash., was abruptly terminated after 20 years on the job—just weeks after he reported that a supervisor harassed a co-worker. We’ll explain why the Ninth Circuit Court of Appeals, which covers California, said Hernandez can sue Spacelabs for retaliation.

Disabled Workers: Appeals Court Rules ADA Protects Diabetic Employee; Simple and Inexpensive Accommodations You Could Implement

By Jennifer Carsen Nov 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Diabetes is a major health problem affecting more than 17 million Americans—about 6.2 percent of the population—according to the American Diabetes Association. Chances are you might have an employee who asks you for a reasonable accommodation related to the disease. We’ll tell you about a new ruling that focuses on this issue and suggest ways […]

Arbitration Agreements: Ninth Circuit Says Compulsory Arbitration of Bias Disputes Is OK; Caution Still Required

By Jennifer Carsen Nov 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Last year, the Ninth Circuit Court of Appeals, which covers California, decided that federal antibias laws don’t prohibit employers from requiring job applicants and employees to sign mandatory arbitration agreements as a condition of employment. The case then went before a full panel of the Ninth Circuit for review—which has now handed down another strong […]