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In 2000, Sacramento lawmakers enacted SB 402, requiring counties and other local agencies to submit, under certain circumstances, to binding arbitration of economic issues that arise during negotiations with unions representing firefighters or law enforcement officers. Now the California Supreme Court has struck down the law, ruling that it interferes with state constitution provisions giving […]
The Ninth Circuit Court recently withdrew its decision in Gradilla v. Ruskin Mfd. that held leave taken to accompany a spouse to a funeral was not protected family leave. The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision. Continue watching California Employer Advisor for […]
The State Assembly recently passed a bill (AB196) that would prohibit employment discrimination based on perceived gender, which includes trans-gender individuals and those who do not fit gender stereotypes. In Washington, the House passed a bill (HR 100) that would permit employers to offer retirement investment advice to employees and require that employers provide plan […]
OSHA is seeking comments on its second set of draft ergonomics guidelines for the retail industry. The guidelines, published on May 9, include ways to implement ergonomic solutions, train employees, prepare injury reports, and evaluate progress. Another section provides preventive approaches that may be used by the industry, including recommendations for specific departments in grocery […]
The U.S. Department of Labor recently published a proposal to update the 50-year-old Fair Labor Standards Act (FLSA) regulations defining white-collar exemptions. The new rules could take effect by the end of the year after a public comment and review process. But, as explained below, the changes probably won’t have much impact on California employers […]
One of the more perplexing issues employers have been facing as our country grapples with war and terrorism threats is employees’ fear of flying. Indicators of this troubling problem show up in scaled-back plans for work travel for the near future. In addition, recent concerns about the contagious severe acute respiratory syndrome (SARS) outbreak is […]
A new federal court case involves an all-too-familiar scenario. An employer acquired a new business and had to terminate the old workforce. The employer, however, needed to keep some workers around for a few months, so it offered them a severance deal. But when the employer later tried to change the severance terms, it found […]
A new California appellate court ruling underscores how you can wind up in legal hot water if you terminate an employee for refusing to carry out a discriminatory order. Here’s what happened.
Suppose an employee asks to take vacation time over the Christmas holiday to visit his ailing parents—but he doesn’t mention that he will be caring for them during the time off. Do you have to grant the request for time off under the family and medical leave laws? A California Court of Appeal recently answered […]
Karla Jameson was a server for the upscale Five Feet restaurant in Laguna Beach. The restaurant required servers to give 10 percent of their nightly tips to the floor manager. The floor manager supervised the servers, acted as host, greeted customers, set up the reservation sheet and seating arrangement, and assisted in servicing tables. Jameson […]