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Melissa O’Harra, an Intel employee in Folsom, has filed a class action lawsuit claiming the company misclassified her and more than 3,500 other employees as exempt from overtime. O’Harra has worked for Intel for three years in various positions, including as a business analyst and systems analyst, and in team and project lead positions. However, […]
The nation’s high court has heard arguments in a case that questions whether railroad employees with the lung disease asbestosis can sue their employer for damages based on a fear of developing cancer from exposure to asbestos—even if the employees don’t have cancer or any symptoms of it. The lawsuit was brought by six retired […]
Wary of today’s uncertain economy, many employers are cutting their workforces, and many employees who think they could be laid off next are jumping ship for new jobs. Last month, we focused on the legal and personnel issues that employers should address when planning and carrying out layoffs. This month, we’ve put together a comprehensive […]
Overturning an earlier controversial decision, the federal Ninth Circuit Court of Appeals has handed down a major new ruling that strengthens your right to require job applicants to sign mandatory arbitration agreements as a condition of employment.
As the economy continues to slide, some employers try almost anything in a struggle to avoid closing up shop. But if a shutdown or bankruptcy does occur, they risk not being able to cut final paychecks. Now a new and timely opinion letter from the California Department of Labor Standards Enforcement, the Labor Commissioner’s enforcement […]
After being flooded with more than 11,000 comments from the public about proposed changes to federal health care privacy rules, the government has now released new privacy regulations under the Health Insurance Portability and Accountability Act (HIPAA). Generally, the new rules require health plans and providers to take steps to safeguard an individual’s PHI, or […]
Misclassifying an employee as exempt from overtime can cost employers potentially huge payouts of past overtime. Last year alone, the federal Department of Labor ordered employers to pay $134 million in back wages to misclassified employees. And that doesn’t count court judgments. Now a new Ninth Circuit Court of Appeals decision may cause you to […]
Because of an important new Ninth Circuit Court of Appeals ruling, employers may now have an uphill battle to fight when faced with allegations that discrimination was one factor—even if not the only factor—in an adverse employment decision such as a termination. We’ll explain what this is about and suggest ways you can avoid this […]
OSHA has developed the first draft set of industry-specific ergonomic guidelines—Guidelines for Nursing Homes—as part of its comprehensive plan to reduce workplace ergonomic injuries. The guidelines address management practices, worksite analysis and control methods, and include examples of best practices in the nursing home industry.
The federal Ninth Circuit Court of Appeals has overturned a nearly $1 million award to a dry cleaning firm and its owner for allegedly defamatory statements made by a union during a collective bargaining dispute. While meeting to discuss ongoing wage negotiations, the union president informed union members that the company president was hiding money […]