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New Avian Flu Planning Guidance from OSHA

The U.S. Occupational Safety and Health Administration (OSHA) has released comprehensive new guidance for employers on how to prepare for an avian flu outbreak. The new guidance, which OSHA developed in conjunction with the Department of Health and Human Services, provides guidance for all types of workplaces, describes the differences between seasonal, avian, and pandemic […]

Employment Law Tip: Preparing for a Wage-Hour Investigation

Wage and hour investigations are often the result of a complaint filed by an employee or former employee. But sometimes the U.S. Department of Labor, or a state agency, targets specific industries for audits. During an investigation, the DOL will visit the business and gather data on wages, hours, and other employment conditions or practices. […]

E-Alert Item: Ninth Circuit Says Biased Acts From Long Ago Can Support Lawsuit

Several African-American employees at the Naval Aviation Depot North Island in San Diego sued their employer, claiming that African-American employees at the NADNI were denied promotions over a several-year period. The Ninth Circuit said the employees couldn’t sue over many of the promotions because the employees had failed to file complaints about those promotions within […]

News Notes: Failure To Grant Part-Time Status Doesn’t Support Wrongful Termination Claim

  Charles Sinatra, a long-time assistant principal with the Chico Unified School District, sued for wrongful termination in violation of public policy when the district refused his request for transfer to a part-time administrative position, instead giving him a full-time teaching assignment. He claimed he was “forced” to quit for exercising his statutory right under […]

News Notes: State Workplace Fatality Rate Continues To Fall

The number of California workers killed on the job in 2000 was the lowest since 1992, when the state first published such data. Preliminary figures from the California Department of Industrial Relations show there were 553 deaths in 2000, down from 644 a decade ago. Over 41% of the total deaths resulted from transportation accidents, […]

News Notes: Consumer Privacy Law Takes Effect

As of July 1, 2003, a new law will require California businesses to disclose security breaches of computerized personal data. You will have to inform a California resident when you have a reasonable belief there’s been unauthorized access to their unencrypted personal information i.e., the person’s first name or initial and last name, in combination […]

E-Alert Item: Workers’ Compensation: Rates May Be Headed Up Yet Again

In what could be another economic blow to California employers, the actuarial committee of the Workers’ Compensation Insurance Ratings Bureau is recommending a midyear increase of 11 percent to the pure premium rate. This recommendation follows on the heels of 10.5 percent increase that took effect on January 1, 2003. Note that the pure premium […]

Bulletin Item: Assembly Passes Workers’ Compensation Reform Measures

At the 11th hour, a joint committee of the state Assembly passed a bill that is intended to reign in the increasing costs of workers’ compensation. Although it remains to be seen whether the measure will achieve the projected up-front savings of $5.3 billion and annual savings of about $5 billion, the changes are far-reaching […]

News Notes: Who’s A Supervisor For Purposes Of Automatic Employer Liability For Harassing Conduct?

April Chapman sued Sonoma County, claiming she was sexually harassed by her supervisor, Brian Enos. A trial court found that the county wasn’t automatically liable for Enos’s conduct because he didn’t qualify as a supervisor under California’s sexual harassment law. Now a California appeal court has reversed that ruling. To be considered a supervisor, an […]