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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 […]
When Pacific Bell service technician Clarence Allen became disabled, his doctor told the company the disability prevented Allen from performing anything other than sedentary work. Allen then asked Pacific Bell to accommodate his disability by allowing him to return to his service technician position without requiring him to climb poles and ladders. Requested Accommodation Denied […]
During the past five years, the Equal Employment Opportunity Commission (EEOC) has seen a 13 percent increase in the number of charges filed under the Americans with Disabilities Act (ADA) alleging discrimination based on diabetes. And according to the Centers for Disease Control, approximately one million cases of diabetes are diagnosed each year in the […]
The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s […]
Employee Enforcement of Labor Code Under SB 796, which has been dubbed the “bounty-hunter law,” employees may file private lawsuits against their employers, on behalf of themselves and other employees, for labor code violations when the responsible state agency doesn’t pursue the violations. The law provides employees with various financial incentives to file suit, as […]
Two new bills extending the rights and benefits provided to spouses to domestic partners were recently signed into law. We’ll take a look at the new laws. State Contractors Can’t Discriminate Under AB 17, certain state contractors have to provide employee benefits for registered domestic partners on the same basis as they do for spouses. […]
The federal Equal Employment Opportunity Commission has published a new fact sheet with guidance on how the Americans with Disabilities Act applies to the hiring process. The fact sheet, available at www.eeoc.gov, addresses employer obligations to accommodate disabled applicants and medical inquiries that are and are not permissible during the hiring process.
Gov. Davis has approved legislation taking aim at corporate corruption. The new laws, modeled on the federal Sarbanes-Oxley Act, protect employees who blow the whistle on possible corporate transgressions, create steep new fines for not disclosing corporate financial fraud, and add an important new workplace posting requirement. Here’s an overview of what you need to […]
When Air France denied family leave for employee Stephane Moreau, who worked at the San Francisco International Airport, the airline argued it wasn’t covered by state and federal family leave laws because it had fewer than 50 employees within a 75-mile radius of Moreau’s workplace. Moreau countered that Air France was covered because it […]