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In 2003, the California Legislature amended the California Fair Employment and Housing Act to state that employers are potentially liable when third party nonemployees—such as customers or clients—sexually harass their employees. Prior to the amendment, the language of the FEHA seemed to impose liability on an employer only when the harassment was committed by the […]
The Employer Resource Institute, publisher of the California Employer Advisor, has just won its sixth editorial award. CEA’s two-part series on blogging, which ran in the June 2005 and July 2005 issues, earned second prize in the Best Instructional Reporting category of the Newsletter and Electronic Publishers Foundation Editorial Awards. The NEPF Awards recognize excellence […]
Employment law attorneys note that ADA will not force you to make “reasonable accommodations” to the point that they hamper job performance When the Americans With Disabilities Act (ADA) was passed in 1990, some employers went into a tailspin. ADA mandated “reasonable accommodations” for the disabled. That invoked the specter of all manner of expensive […]
The United States Citizenship and Immigration Services (USCIS) has announced that, as of the end of May 2006, it already received enough H-1B visa petitions to meet and exceed the H-1B visa cap of 64,300 for the 2007 fiscal year (which begins on October 1, 2006). The final date to submit a petition for consideration […]
In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims. He authored an opinion in a case involving retaliation and hostile work environment claims. The […]
It’s no secret that retirement and pension plans have come under increased scrutiny in recent years, amidst allegations that benefits are often miscalculated and underpaid. Here’s a checklist to help you avoid some of the most common plan mistakes: Check your plan documents to determine the types of covered compensation. Be sure all relevant […]
Insurance Commissioner John Garamendi has announced he will recommend a 16.4 percent decrease in the workers’ compensation pure premium rate for policies starting on or after July 1, 2006. This recommendation is the latest in a string of recommended rate reductions since July 2003, when workers’ comp reforms went into effect. The cumulative recommended reductions […]
Last week the U.S. Supreme Court ruled 5-4 that when public employees make statements as part of their official duties, those statements are not protected free speech. The case involved Richard Ceballos, a deputy district attorney for Los Angeles County who claimed his supervisors retaliated against him for sending a memo that said an affidavit […]
What rights do employees have to access their personnel records?