Author: California Employment Law Letter

Diversity a Goal for New OPM Deputy Director

Boston-native Christine M. Griffin has taken over the number two spot at the U.S. Office of Personnel Management (OPM). One of her top tasks will be to help OPM Director John Berry increase the diversity of the federal government, which he has called one of his top long-term goals. Before being appointed to the position […]

Employer Shining Beacon During Economic Slump

For the third year, the Wall Street Journal (WSJ) teamed up with Winning Workplaces to create its list of Top Small Workplaces for 2009. As the article notes, when faced with tough economic times, many employers try to cut just about everything that may be considered nonessential, including employee benefits, wellness plans, and other innovative […]

Bahama Breeze Pays $1.26 Million for Race Claim

On December14, 2009, the Equal Employment Opportunity Commission (EEOC) announced a class-action settlement with national restaurant chain Bahama Breeze for $1.26 million and significant remedial relief. The case originated with 37 black workers at the company’s Beachwood, Ohio, location who claimed they were repeatedly harassed because of their race. In the lawsuit, the EEOC charged […]

White House, Organized Labor Reportedly Make Deal on ‘Cadillac’ Tax

The White House reportedly reached a deal with organized labor on Thursday over the controversial “Cadillac” tax found in the U.S. Senate’s health care reform bill. The original provision in the Senate’s Patient Protection and Affordable Care Act (H.R. 3590) creates a tax on employer-sponsored high-end “Cadillac” coverage. Under the original provision, the tax would […]

Custodian Cleans Up After Employer’s Improper Consideration of FMLA Leave

Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Actions Speak Louder Than Words

What people do matters a whole lot more than what they say they’ll do. This statement should not surprise anyone. Actions speak louder than words. Then why is it that “smooth talkers” and “big talkers” often bluff and bluster their way though life despite their actions being very different than their rhetoric? People get caught […]

DOL Releases Updated COBRA Model Notices

The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) just released updated COBRA Model Notices that reflect the COBRA subsidy extension that was part of the Department of Defense Appropriations Act, 2010. The new COBRA subsidy legislation extends the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 […]

Ontario Adds to Broad Canadian Harassment/Violence Laws

By Alix Herber Canada’s two largest provinces — Ontario and Quebec — now have laws requiring employers to seek to provide workplaces free of “harassment.” No longer limited to human rights-related harassment, the term is broadly defined in these laws. Further, Ontario’s new law extends beyond harassment. It, like the federal law, also will require […]

Controversy Continues over NLRB Nominee

According to the New York Times, President Barack Obama has reportedly decided to renominate Craig Becker to the National Labor Relations Board (NLRB). Last summer, the President nominated Becker, Mark Pearce, and Brian Hayes to the U.S. Senate to be members of the NLRB. In December, Becker’s nomination was returned to the White House for […]