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The Occupational Safety and Health Administration (OSHA) announced on September 4 that it will perform comprehensive safety inspections at nearly 4,000 high-hazard workplaces. These inspections are part of OSHA’s Site-Specific Targeting 2009 (SST-09) program, which helps direct enforcement resources to the types of workplaces that have the highest rate of injuries and illnesses. OSHA will […]
Laura Akers, a deputy district attorney for San Diego County, had an excellent reputation for her work in the El Cajon domestic violence unit. But after Akers became pregnant, she was transferred to a misdemeanor unit. When she complained, her next performance review called her incompetent, inefficient and dishonest. Akers sued the county for gender […]
Do we have to be a part of the State Compensation Insurance Fund, or can we go on our own for workers’ comp insurance?
A federal appeals court has ruled that an AT&T account representative who suffered from a bad case of the flu was entitled to FMLA leave because she was unable to work for more than three days and was treated twice. Kimberly Miller sued after she was disciplined and ultimately fired for excessive absenteeism. Although […]
The U.S. Ninth Circuit Court of Appeal has decided to review its ruling last year upholding mandatory arbitration of bias claims. The case involves secretary Donald Lagatree, whose job offer at the law firm of Luce, Forward, Hamilton & Scripps was revoked when he refused to sign a binding arbitration agreement. A three-judge panel sided […]
One of the key areas of concern for employers in the wage/hour arena is the misclassification of employees, says Marc Jacuzzi, Esq. of Simpson, Garrity, Innes and Jacuzzi, PC, in South San Francisco.
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. […]
In the May issue of California Employer Advisor we reported on a case, Reynolds v. Bement, where a court ruled that a supervisor could be held individually liable for unpaid overtime due to a worker. The case was recently taken under review by the state’s highest court. We’ll be watching to see how the court […]
It’s not uncommon for employers to offer older workers early retirement or severance benefits in exchange for having them waive potential age-bias claims they might have under the federal Age Discrimination in Employment Act (ADEA). But employees sometimes have second thoughts—after they have accepted the benefits. Now the Equal Employment Opportunity Commission has issued new […]
When Professional Risk Management acquired Applied Risk Management, the companies’ agreement provided for all active Applied employees to automatically be transferred to Professional without a break in health benefits coverage. But workers on medical, disability or other extended leave weren’t transferred until they returned to active duty, and they consequently lost health coverage until they […]