Author: Jennifer Carsen

ADA Accommodations: Supreme Court Rules That Seniority Systems Ordinarily Need Not Yield To Accommodate Disabled Workers, But There May Be Exceptions

By Jennifer Carsen Jun 1, 2002 Uncategorized

Updated: Jun 1, 2002

Most employers know they need to consider a disabled worker’s request for reasonable accommodations, which could include reassignment to another job. But does an employee’s demand for a particular accommodation trump your seniority rules? Not in most cases, according to a new U.S. Supreme Court decision that brings needed clarity to this question. But the […]

Exempt Employees: Court Deals Blow To Overtime Class Action Trend

By Jennifer Carsen Jun 1, 2002 HR Management & Compliance

Updated: May 19, 2015

Over the past several years, many employers have been blind-sided by big class action lawsuits claiming employees were misclassified as exempt from overtime and owed millions—sometimes tens of millions—in back pay. Employers who have been hit include Taco Bell, Farmers Insurance Exchange, Mervyn’s California, U-Haul International Inc., Ross Dress For Less and Rent-A-Center. But a […]

Wrongful Termination: Court Says Employer Could Fire Hospital Employee Who Refused To Drop Personal-Injury Lawsuit Against Patient; Caution Required

By Jennifer Carsen Jun 1, 2002 HR Management & Compliance

Updated: May 18, 2015

Suppose an employee sues one of your clients or customers. Then, when you insist that the employee drop the lawsuit because it’s bad for your business, the employee refuses. Can an employee fired in this situation sue you for wrongful termination? In a new case, a California appeals court said a hospital-employer was within its […]

Employee Privacy: New Decision Spotlights Limits On Your Right To Discipline Workers For Off-The-Job Activities

By Jennifer Carsen Jun 1, 2002 HR Management & Compliance

Updated: May 18, 2015

John Strahan, a sergeant for the Washoe County, Nev., Sheriff’s Department, was a member of a motorcycle club called Blind Justice. He allegedly attended motorcycle events, wore Hell’s Angels T-shirts and hung out with other bikers, including some who were convicted felons. When Strahan was demoted to deputy sheriff, he filed a lawsuit contending he […]

Disabled Workers: Employee Can Sue For Workplace Injuries Caused By Employer’s Failure To Accommodate

By Jennifer Carsen Jun 1, 2002 Uncategorized

Updated: Jun 1, 2002

Typically, workers’ compensation is the only remedy for an employee who is injured on-the-job. But a California Court of Appeal now says that if the injury stems from your not reasonably accommodating an employee’s disability, the employee can bypass workers’ comp and sue you for damages. Disabled Employee Injured At Work Marilyn Bagatti was an […]

News Notes: Opt-Out Arbitration Clause Saves Lopsided Agreement

By HR Daily Advisor Staff May 1, 2002 HR Management & Compliance

Updated: May 18, 2015

The federal Ninth Circuit Court of Appeals recently tossed out a mandatory arbitration agreement signed by a Circuit City employee because it was unduly lopsided in the employer’s favor (see CEA March 2002). But in another case involving identical arbitration provisions, the court has ruled that employee Mohammad Sharfuddin Ahmed was required to arbitrate his […]

News Notes: Employee Forced To Quit For Revealing Prison Abuses

By HR Daily Advisor Staff May 1, 2002 HR Management & Compliance

Updated: May 19, 2015

After Terence Allen, a Hawaii Department of Corrections physician, publicly disclosed the alleged mistreatment of inmates, he was investigated by the internal affairs division, denied a promotion and locked out of the facility. The federal Ninth Circuit Court of Appeals has now ruled that the department retaliated against him for exercising his free speech rights. […]

News Notes: New Case Focuses On Union Contract Exception To Overtime Pay Rates

By HR Daily Advisor Staff May 1, 2002 HR Management & Compliance

Updated: May 19, 2015

California overtime pay rules don’t apply to unionized employees if the union contract sets premium overtime rates as well as a regular hourly rate that’s at least 30% over the minimum wage. Examining an older version of this exemption, a California Court of Appeal explained that it permits an employer and union to negotiate how […]

News Notes: OFCCP Sets Guidelines For “Functional” Affirmative Action Plans

By HR Daily Advisor Staff May 1, 2002 HR Management & Compliance

Updated: May 18, 2015

Recent changes to affirmative action program rules permit government contractors to organize plans based around their functional or business units, rather than based solely on an establishment’s location. The Office of Federal Contract Compliance Programs has now issued guidelines for contractor requests to submit a “functional” affirmative action plan, or FAAP, including whether the functional […]