Category: Uncategorized
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We are pleased to welcome Lloyd W. Aubry, Jr., the newest member of our Editorial Review Board. Mr. Aubry, of counsel in the San Francisco office of Morrison & Foerster, has served as director of the California Department of Industrial Relations and as the State Labor Commissioner. In this position he headed the Division of […]
Proposed revisions to Family and Medical Leave Act regulations will not be issued until March 2005, according to the latest regulatory agenda from the Department of Labor. Originally, the Bush administration announced it planned to unveil the revisions in January 2003. The changes to the 1993 leave law have lagged as the DOL repeatedly extended […]
Although many employers know the Family and Medical Leave Act’s basic requirements, unusual circumstances can trip up even the most savvy. We’ll look at two recent cases involving your duty to inform employees of their leave rights and the importance of determining an employee’s “worksite” for FMLA purposes. No FMLA Notice for Injured Employee Richard […]
The Ninth Circuit Court of Appeal has ruled that the federal Fair Labor Standards Act (FLSA) permits government employers a reasonable time of up to one year to grant an employee’s request to use accrued compensatory time off. The court held that the FLSA grants government agencies flexibility in scheduling compensatory time off and […]
We are pleased to welcome Shawna Swanson, the newest member of our Editorial Review Board. Ms. Swanson, a partner in the San Francisco office of Fenwick & West, has represented employers in litigation relating to harassment, wrongful termination, and employment discrimination. Ms. Swanson also provides advice to employers concerning personnel policies, wage and hour laws, […]
Although the disability provisions of the California Fair Employment and Housing Act (FEHA) were modeled after the Americans with Disabilities Act (ADA), the two laws have some key differences—and the California rules provide greater protection for disabled employees. We’ll tell you about a new ruling from a federal court in San Francisco that focuses on […]
New legislation, SB 1841, has been introduced in Sacramento to require employers to notify employees in writing or electronically before monitoring the workplace electronically—by such means as computer, phone, wire, radio, or camera. The detailed notice would have to be issued when electronic monitoring is implemented and annually thereafter. Violations would carry a steep penalty […]
Earlier we reported on the growing risks of toxic mold in the workplace. Now, a federal court ruling demonstrates how this health and safety problem can mushroom into complaints under the Americans with Disabilities Act. Employee Suspects Mold in Building While working for the city of San Antonio, Texas, Dorothy Burnley was diagnosed with a […]
A new ruling from the Ninth Circuit Court of Appeal, which covers California, focuses on when small employers may have to comply with the WARN Act—which requires advance notice to employees of plant closings or mass layoffs. We’ll take a look at what happened. Big Layoff Darby Lumber Inc. (DLI) operated a lumber mill and […]
The Department of Labor’s Bureau of Labor Statistics reports that in 2002, private-industry employers recorded 4.7 million nonfatal workplace injuries and illnesses, or 5.3 cases per 100 equivalent full-time workers. About 2.5 million of the recorded cases involved lost workdays, transfer to another job, restriction of work duties, or a combination. The other 2.2 million […]