Retaliating Against Employees: Examples Of What Is And Isn’t Illegal Retaliation
The Ninth Circuit Court of Appeal provided these examples of conduct that will—and won’t—support a retaliation claim:
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Sexual Harassment: Zero-Tolerance Policy Helps Employer Win Lawsuit Over Single Incident Of Harassment
It’s a fact of life that educating employees and supervisors about sexual harassment and having a strong policy are not always enough to prevent misconduct. But a rapid response can help keep a single incident from mushrooming into a successful harassment lawsuit, as one employer recently learned.
Wage And Hour: IWC Wage Order Hearing Developments
On June 30, in Sacramento, the Industrial Welfare Commission was scheduled to hold a hearing to review current overtime and other wage and hour rules and come up with new wage orders. The commission planned to discuss and take action on several issues including these key items:
Workplace Discrimination: High Court Makes It Easier For Employees To Prove Bias
The U.S. Supreme Court has handed down a unanimous ruling that permits employees to prove job bias by showing that the employer’s stated reason for termination or other adverse action was false. This is an important decision, although how it will impact California employers isn’t yet clear.
Disability Discrimination: Disabled Workers Can Hold Jobs That May Compromise Their Own Safety; Steps To Take Now
If a job applicant has a liver disorder that might be worsened by exposure to chemicals at work, or a back problem that would be aggravated by heavy lifting, you might wonder whether you can refuse to hire the person so you won’t be on the hook for future workers’ comp benefits. Now, in a […]
Employee Policies And Handbooks: California Supreme Court Says You Can Change Your Policies But Adds New Rules For Employers; 3 Management Strategies
An important new California Supreme Court ruling has affirmed your right to modify or rescind your personnel policies, but it also creates new employee protections—and employer compliance obligations. We’ll examine this decision and look at what you have to do before you eliminate or change a policy.
Hiring Summer Interns And Volunteers: It’s More Complicated Than Most Employers Think; How To Keep From Getting Burned
Now that summer is here, students are looking for hands-on work experience and are often willing to work as a volunteer or intern for no pay. But many employers are not up to speed on the strict state and federal guidelines regarding who is legally considered an employee entitled to be paid at least minimum […]
News Notes: Survey Finds Electronic Surveillance In The Workplace Is Common
Nearly 75% of employers nationwide—more than double the number from 1997—actively monitor employees’ phone calls, voice mail, e-mail, Internet use and computer files, according to a new survey by the American Management Association. The financial services industry had the highest incidence of electronic monitoring, with over 90% of employers engaging in such activities. The survey […]
Age Discrimination: Safeway To Pay $7.5 Million For Terminating Employee Close To Retirement; How To Avoid Similar Litigation
Whenever you discharge an employee over age 40, you leave yourself open to a potential age discrimination lawsuit. And a new federal appeals court ruling demonstrates that your risk is higher—and the potential damages even greater—if the employee is a long-term worker close to retirement.
Negligent Hiring: Court Says You Can Be Sued For On-The-Job Injuries To An Independent Contractor’s Employees; 4 Key Steps To Take
Suppose an employee for a contractor you’ve hired gets injured on the job. Typically, the employee’s only recourse is to seek workers’ comp benefits from the contractor. But a new California Court of Appeal ruling exposes a problem that you might not expect when using independent contractors: You can be sued if the contractor’s employee […]