Short Takes: Undocumented Workers
Are undocumented workers protected by California labor laws?
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OSHA to Inspect Nearly 4,000 Work Sites Under 2009 Program
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 […]
Short Takes: Workers’ Compensation
Do we have to be a part of the State Compensation Insurance Fund, or can we go on our own for workers’ comp insurance?
News Notes: Court Upholds DA’s Pregnancy Retaliation Claim
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 […]
News Notes: Court Says Flu Was A Serious Health Condition Under FMLA
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 […]
E-Alerts: Mandatory Arbitration: Court to Take Another Look at Recent Ruling
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 The case involves secretary Donald Lagatree, whose job offer at the law firm of Luce, Forward, Hamilton & Scripps was revoked when he refused to sign a binding arbitration agreement.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 […]
Are You Ripe for a Wage/Hour Lawsuit?
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.
Bulletin Item: State Supreme Court Agrees to Review Whether Supervisors Can Be Held Liable for Overtime Pay
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 […]
Top U.S. Court Takes Case to Resolve Limits on Health Plan Recoveries
The U.S. Supreme Court agreed on June 25 to decide whether an employee health plan is subject to equitable limits when it demands reimbursement of benefits paid to care for a covered employee who also recovers money from third parties. A 2011 ruling on this issue by the 3rd U.S. Circuit Court of Appeals troubled […]
News Notes: Few Employers Comply With Little-Known Parking Cash-Out Law
Under an obscure law, certain employers that provide free parking must give cash to workers who don’t drive to work. The law applies to employers with 50 or more employees who are located in an area that violates air quality standards and who subsidize employee parking spaces the employer doesn’t own. But a new study […]