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News Notes: Courts Adopt Internet Policy but Won’t Monitor E-Mail

Employer monitoring of employee Internet access is a hot issue. Federal Ninth Circuit judges recently jumped into the fray by shutting off surveillance software that monitored court employees’ Internet use, stating that such monitoring without prior notice to employees could be illegal. Now the body that governs the federal court system is requiring federal courts […]

News Notes: Court Says Reporter Who Couldn’t Type Was Not Disabled

Jacalyn Thornton, a part-time reporter for the Fresno Bee newspaper, spent about one-third of her time working at a computer keyboard. After she developed a repetitive stress disorder and became unable to use a keyboard, the paper terminated her. She sued, contending that her discharge violated the Americans with Disabilities Act. The Ninth Circuit Court […]

Reasonable Accommodation: New Ruling Expands Time Limits For Disabled Employees To Sue; Practical Impact

Under California anti-discrimination law, a disabled employee typically has only one year from the date of a firing, demotion or other wrongful employment action to file a lawsuit. But now the California Supreme Court has ruled that disabled workers may be able to sue for discrimination incidents that occurred many years earlier. We’ll tell you […]

News Notes: Employment Contracts Can Shorten Time to Sue

Provisions in an employment contract between Western & Southern Life Insurance Co. and its sales agents stated that agents had only six months from the date of discharge to file a lawsuit for wrongful termination, even though California law may provide up to four years to sue for breach of contract. The employment agreement also […]

News Notes: Courts Disagree Over Retroactivity Of Disability Bias Law

We earlier reported on a ruling by a California Court of Appeal in Los Angeles that a new law broadening California’s disability bias statutes, effective Jan. 1, 2001, was a major change that could not be applied retroactively. Now a different appeals court in Los Angeles has come to the opposite conclusion, holding that the […]

News Notes: Nonmembers Can’t Be Forced to Pay for Union Organizing

A long-standing ruling by the National Labor Relations Board permitted unions to charge workers who were not union members fees that were used in organizing efforts in other workplaces. The rationale behind the rule was that nonunion workers derived a benefit from organizing efforts elsewhere because nonunion employers in the area would be forced to […]

News Notes: Workplace Deaths Are Down, But Homicides Rose In 2000

Data just released by the U.S. Labor Department show that in 2000 the annual fatality rate for U.S. workplaces dropped 2% to 5,195, an all-time low since the agency began keeping fatality statistics nearly a decade ago. However, while workplace deaths for white and black workers declined, fatality rates increased sharply for Hispanic workers, with […]