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When the National Labor Relations Board determines that a worker’s firing violated federal labor laws, it generally orders the employer to reinstate the worker and pay back wages. But what if the worker wasn’t legally permitted to work in the United States in the first place? The U.S. Supreme Court previously ruled that the NLRB […]
Two new federal Department of Labor programs will make it easier for employers and benefit plan officials to voluntarily correct certain employee benefit plan violations and avoid enforcement actions and hefty penalties. Here’s how these programs work.
In her first year as an Orange County deputy district attorney, Victoria Chen dated, and later married, Devallis Rutledge, a high-level management attorney in the district attorney’s office. After working there many years, Chen sued the county, arguing that she was discriminated against because of her relationship with Rutledge, who she claimed was not in […]
The U.S. General Services Administration has asked federal agencies to discourage employees from using handheld wireless phones while driving government vehicles. Citing pending legislation around the nation to regulate the use of cell phones while driving, the GSA stated that the government should assume a leadership role in promoting cell phone safety by its employees. […]
The U.S. Supreme Court has ruled that an employee doesn’t have to include sufficient evidence to prove their bias claims at the time they file their lawsuit, and that such evidence can be developed later on as more facts are discovered. The new ruling involved Akos Swierkiewicz, a 53-year-old of Hungarian descent, who claimed that […]
McKesson Water Products Co., a drinking water processing and delivery company, and Groupe Danone (which recently acquired McKesson) will pay $1.2 million to settle a race bias class action lawsuit brought by the EEOC. The lawsuit charged that African-American drivers were assigned to water delivery routes in low-income communities, which were less profitable than routes […]
Felix C. Villafuerte complained to the Labor Commissioner that Pasadena-based Inter-Con Security Systems Inc. never paid him his final wages when he quit. Inter-Con claimed it had mailed a final paycheck to Villafuerte but that an unknown person had illegally intercepted and cashed it by forging Villafuerte’s signature. A California Court of Appeal now […]
Sample Internet Policy Here’s a sample Internet policy you can modify and/or expand to meet your organization’s specific needs. Have your employees sign the policy, acknowledging they understand it and agree to be bound by its terms. [Company] Internet Policy Business use only. [Company] provides Internet access (including e-mail) to its employees to assist and […]
A Labor Department rule provides that when an employer fails to notify an employee that leave qualifies under the federal Family and Medical Leave Act, the time off does not count toward the 12 weeks per year the employee is entitled to under the FMLA. Federal courts have split over whether this regulation is valid—and […]
Because employee Internet access in the workplace can raise the potential for abuse and misuse, some employers monitor their employees’ Internet activities. But this in turn raises concerns about employees’ right to privacy. An important new California Court of Appeal decision addresses this issue head-on, ruling that an employee who consented to employer monitoring had […]