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The federal Ninth Circuit Court of Appeals recently tossed out a mandatory arbitration agreement signed by a Circuit City employee because it was unduly lopsided in the employer’s favor (see CEA March 2002). But in another case involving identical arbitration provisions, the court has ruled that employee Mohammad Sharfuddin Ahmed was required to arbitrate his […]
After Terence Allen, a Hawaii Department of Corrections physician, publicly disclosed the alleged mistreatment of inmates, he was investigated by the internal affairs division, denied a promotion and locked out of the facility. The federal Ninth Circuit Court of Appeals has now ruled that the department retaliated against him for exercising his free speech rights. […]
California overtime pay rules don’t apply to unionized employees if the union contract sets premium overtime rates as well as a regular hourly rate that’s at least 30% over the minimum wage. Examining an older version of this exemption, a California Court of Appeal explained that it permits an employer and union to negotiate how […]
Recent changes to affirmative action program rules permit government contractors to organize plans based around their functional or business units, rather than based solely on an establishment’s location. The Office of Federal Contract Compliance Programs has now issued guidelines for contractor requests to submit a “functional” affirmative action plan, or FAAP, including whether the functional […]
The U.S. Bureau of Labor Statistics has reported that the number of workers with injuries and illnesses requiring time away from work edged down in 2000, continuing a steady decline since 1992. Approximately 1.7 million injuries and illnesses occurred in 2000, a drop of about 2.3% from 1999. Some workers, however, continue to have high […]
A new ruling from the federal Ninth Circuit Court of Appeals focuses on a little-known provision of the Family and Medical Leave Act that permits employees to take leave to provide psychological comfort and assistance to family members with serious physical or mental illnesses. We”ll explain the court’s ruling.
Last year the federal Department of Labor repealed the controversial Clinton-era mandatory ergonomics regulations but promised to develop another strategy for reducing workplace injuries stemming from ergonomic problems. Now, rather than apply a single ergonomics standard to a broad range of industries, the federal Occupational Safety and Health Administration has come up with a new […]
A new California Supreme Court ruling highlights a state law that prohibits the secret tape-recording of phone conversations. Although the case didn’t involve an employer-employee dispute, it has important workplace implications. We”ll explain the decision and provide guidelines on when you can legally monitor employee phone calls. Wife Allegedly Plots To Kill Sick Husband The […]
Suppose an employee complains that a co-worker sexually harassed her while traveling on business during off-duty hours. Can you be held liable for the alleged misconduct? In a recent case, a federal appeals court ruled that an employee who was allegedly raped by a co-worker in a Rome hotel could sue her employer. We”ll tell […]
Employees who work for you on overseas jobs are generally covered by state and federal anti-discrimination laws. But suppose a foreign client wants one of your employees off the job for reasons that violate U.S. employment laws. You could be faced with having to change the employee’s assignment or lose your client. Bechtel Corp. ran […]