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Wage And Hour: Union Sues Shanghai Firm That Delivered Gigantic Cranes

A Bay Area iron workers union has filed a lawsuit against Shanghai Zhenhua Port Machinery Co. Ltd., the firm that recently delivered four gigantic cranes to the Port of Oakland, charging that the company is violating state labor laws. The union contends that as many as two dozen Chinese workers were paid between $4 and […]

Sexual Harassment: Judge Blasts San Francisco Housing Authority

A San Francisco trial judge has found that the San Francisco Housing Authority ignored repeated employee complaints of sexual harassment allegedly committed by a female supervisor. Both men and women reported that they had been subjected to inappropriate touching and invitations to view explicit material on a computer, and said the supervisor threatened their jobs […]

News Flash: Microsoft Settles Temporary Worker Lawsuit For $97 Million

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 […]

News Notes: OSHA 200 Log Reminder

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 […]

News Notes: OFCCP’s Revised Affirmative Action Rules Take Effect

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 […]

News Notes: Arbitrator’s Decision Not To Fire Trucker Who Failed Drug Tests Upheld

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 […]

News Notes: New Law Bars Use Of State Funds For Union Activities

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 […]

News Notes: Employer To Pay $5.5 Million To Settle Misclassification Charges

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, […]

Leave Policies: Why You Can’t Automatically Terminate A Disabled Employee Whose Leave Runs Out

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 […]

Wage And Hour: Workers Charge Employer Didn’t Calculate Overtime Correctly; Helpful Pointers

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 […]