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Microsoft Corp. has agreed to pay $96.9 million to settle a class action lawsuit brought by long-term workers who claimed the company misclassified them as temporary employees to avoid paying benefits. The so-called “permatemps”-who performed the same work as full-time staff-sought benefits such as health insurance and participation in the company’s lucrative employee stock purchase […]
For the entire month of February each year, most public and private employers are required to post an OSHA 200 Log in a conspicuous place. This “Log and Summary of Occupational Injuries and Illnesses” calls for details about on-the-job injuries and illnesses that occurred between January 1 and December 31 of the preceding year. Unless […]
The Office of Federal Contract Compliance Programs has issued new affirmative action regulations for federal contractors, the first major overhaul of the program in 30 years. The new rules, which took effect Dec. 13, 2000, simplify some affirmative action plan requirements. But they also mandate that every other year all nonconstruction employers fill out an […]
The U.S. Supreme Court has unanimously upheld an arbitrator’s decision reinstating a truck driver who twice failed required drug tests after testing positive for marijuana. Eastern Associated Coal Co. argued that it had the right to terminate the worker as a matter of safety and public policy under federal Department of Transportation safety regulations. But […]
A new law (A.B. 1889) effective Jan. 1, 2001, prohibits employers who receive state contracts worth $50,000 or more from using the funds to assist, promote or deter union organizing. Each time a contractor requests payment from the state, it must certify that it is in compliance with this restriction and it must have records […]
The U.S. Department of Justice and Time Warner Inc. have reached a $5.5 million settlement to resolve a lawsuit charging that since 1990 the publishing giant has misclassified employees as independent contractors or temporary workers, causing them to be denied benefits including health insurance, pensions and employee stock ownership. The company did not admit liability, […]
Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]
Calculating overtime is usually a straightforward process of multiplying the worker’s regular hourly rate by one and a half. However, a recent Ninth Circuit Court of Appeals case illustrates that the computation is more complex if you pay an employee a flat rate per day. That’s because you need to figure out what the hourly […]
In the latest example of the trend toward challenging the use of temporary workers by government and private employers, Ventura County’s largest labor union, the Service Employees International Union, has sued the county. The union charges that the county paid hundreds of thousands of dollars in the past year to temporary workers in clerical, maintenance […]
One day after employees voted to be represented by a union, Quadrtech Corp., which employs 118 minimum-wage jewelry assemblers at a Gardena factory, announced plans to move its operations to Mexico and lay off the workers. But a federal judge found that the timing of the move suggested it was an anti-union action and issued […]