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Proposed Legislation Would Give Small Employers Scheduling Flexibility

Small employers and their employees would be given new flexibility in work scheduling under a new measure introduced in the California Assembly. A.B. 2127 would allow employers with 25 or fewer employees to approve an employee’s written request to work up to 10-hour days within a 40-hour workweek without paying daily overtime. Under current law, […]

Workplace Harassment: State High Court Approves Ban On Insulting Speech At Work; Will The Courts Start Managing Your Workplace?

When a group of Latino Avis Rent-A-Car employees at the San Francisco International Airport filed a harassment lawsuit charging a manager with using derogatory racial epithets, they were awarded more than $100,000 in damages. But the workers didn’t stop there. They also convinced the court to issue an order barring the manager from making offensive […]

News Notes: Mandatory Arbitration Programs Under Attack

New developments signal a growing trend toward restricting the use of mandatory arbitration. The California Supreme Court recently decided a case involving charges that the Kaiser Permanente Medical Group misrepresented the fairness of its mandatory arbitration system for medical malpractice claims. The Supreme Court issued a strong directive to lower courts to ensure that private […]

NLRB Delays Poster Requirement until January 31, 2012

The outcry against a new poster rule from the National Labor Relations Board (NLRB) has resulted in the postponement of the rule’s implementation by more than two months. The NLRB issued a final rule in August requiring employers to notify employees of their rights under the National Labor Relations Act (NLRA). The original deadline to […]

News Notes: Warehouse Retailers Subject To New Safety Provisions

A new law—S.B. 486—that’s aimed at increasing worker and customer safety in wholesale or retail warehouse establishments requires that if such businesses store merchandise on shelves higher than 12 feet above the sales floor, they must secure it from falling. Security methods could include safety rails, netting, security cables, shrink-wrapping pallets or tying items together. […]

News Notes: Free ADA And Workplace Drug Program Compliance Materials

If your website doesn’t include reader friendly alternatives for people with disabilities, such as sight impairments, you might be violating the Americans with Disabilities Act. The Center for Applied Special Technology offers a free tool at that employers can use to test whether their web pages are accessible to disabled individuals. Also, the federal Department of Labor […]

Were Employees Required to Sign Tax Refunds Over to Employer?

An employee has filed a class action lawsuit in a San Francisco federal court claiming that his employer required foreign employees to sign over their federal and state tax refund checks to the company. The lawsuit was filed by Gopi Vedachalam, a citizen of India, against Tata American International Corp., which is a U.S. subsidiary […]

EEOC Announces Crackdown on “Systemic” Discrimination

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that strengthening its nationwide approach to investigating and litigating systemic cases of discrimination is now an agency-wide top priority. According to the EEOC, systemic cases involve a “pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, […]