Archives

E-Alert Item: Legal Update: High Court To Consider Several Employment Cases During New Term

On October 7, 2002, the U.S. Supreme Court reconvened for a new session. The court’s docket this term includes a case involving whether physician-shareholders can be counted as employees for purposes of determining employer coverage under the Americans with Disabilities Act and a case regarding whether state employers can be sued for violations of the […]

E-Alert Item: Medical Marijuana: Fired Employee Goes To Court

Gary Ross was offered a job as a lead systems administrator for RagingWire Telecommunications in Sacramento. In connection with taking a mandatory pre-employment drug test, Ross gave the company a copy of his medical prescription for marijuana, which he used to alleviate pain from an old back injury. Ross also told RagingWire that he wouldn’t […]

E-Alert Item: Family Leave: Employee Wins Half-Million-Dollar Award

Kim Pesky, a marketer for Stamford, Conn.-based Cendant Corp., took time off under state and federal family leave laws to care for her new baby. The project she was working on at the time her family leave began was purchased by another company, so the job she had left in effect no longer existed. Management […]

E-Alert Item: Sex Discrimination: Court Approves $47 Million Settlement

A federal court has approved a $47,000,000 settlement entered into between the EEOC and Rent-A-Center to resolve two major class action lawsuits charging the rent-to-own company with sex discrimination. The lawsuits claimed that women were denied promotions, demoted, and sexually harassed, and that some women were fired or forced out after the company was acquired […]

E-Alert Item: Recordkeeping Problems Reported With Ceridian Retirement Plan Services

If your company uses Ceridian Retirement Plan Services for 401(k) plan recordkeeping, it may be a good idea to have employees carefully check their account records. That’s because Ceridian clients have allegedly reported a spate of recordkeeping problems since earlier this year, when Ceridian began consolidating its San Rafael and Richmond, Virginia, offices into a […]

E-Alert Item: EEOC Sues Home Depot For Bias

The federal Equal Employment Opportunity Commission has sued Home Depot for sex discrimination. The agency charges that the home-improvement retailer repeatedly rejected a female applicant for various positions at a new Home Depot store in Rialto, near Los Angeles, and hired less-qualified men for the jobs. In response to the lawsuit, Home Depot has denied […]

E-Alert Item: WCIRB Votes To Boost Rate Increase Recommendation

The Workers’ Compensation Insurance Rating Bureau has just voted to amend its recommendation for an increase in pure premium rates for 2003. Back in July, the California insurance commissioner approved the WCIRB’s recommendation for an 11.9% increase in the rates. But based on a review of new data reported by insurers reflecting a rise in […]

E-Alert Item: Employer Must Pay Attorneys’ Fees In Bias Lawsuit, Even Though Settlement Offer More Generous Than Jury Award

Willie Greene sued his employer Dillingham Construction N.A. Inc. for racial harassment under the California Fair Employment and Housing Act. A jury awarded Greene $490,000 in emotional distress damages, and the trial court ordered Dillingham Construction to pay an additional $1,025,794 in attorneys’ fees. The company appealed the fee award, arguing that it shouldn’t have […]

Workers’ Compensation: No Benefits Available For Psychiatric Injury Stemming From Demotion; Why It’s Critical To Make Personnel Decisions In Good Faith

As layoffs occur nationwide, employers are grappling with how to calm employees’ nerves. But giving an employee false reassurances about job security only to later demote or lay off the person could lead to a costly workers’ compensation claim for stress. A new California Court of Appeal ruling illustrates that acting in good faith shields […]