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When the National Labor Relations Board determines that a worker’s firing violated federal labor laws, it generally orders the employer to reinstate the worker and pay back wages. But what if the worker wasn’t legally permitted to work in the United States in the first place? The U.S. Supreme Court previously ruled that the NLRB […]
Two new federal Department of Labor programs will make it easier for employers and benefit plan officials to voluntarily correct certain employee benefit plan violations and avoid enforcement actions and hefty penalties. Here’s how these programs work.
In her first year as an Orange County deputy district attorney, Victoria Chen dated, and later married, Devallis Rutledge, a high-level management attorney in the district attorney’s office. After working there many years, Chen sued the county, arguing that she was discriminated against because of her relationship with Rutledge, who she claimed was not in […]
The U.S. General Services Administration has asked federal agencies to discourage employees from using handheld wireless phones while driving government vehicles. Citing pending legislation around the nation to regulate the use of cell phones while driving, the GSA stated that the government should assume a leadership role in promoting cell phone safety by its employees. […]
The U.S. Supreme Court has ruled that an employee doesn’t have to include sufficient evidence to prove their bias claims at the time they file their lawsuit, and that such evidence can be developed later on as more facts are discovered. The new ruling involved Akos Swierkiewicz, a 53-year-old of Hungarian descent, who claimed that […]
McKesson Water Products Co., a drinking water processing and delivery company, and Groupe Danone (which recently acquired McKesson) will pay $1.2 million to settle a race bias class action lawsuit brought by the EEOC. The lawsuit charged that African-American drivers were assigned to water delivery routes in low-income communities, which were less profitable than routes […]
For several years, the California Supreme Court has wrestled with the issue of when the employee of an independent contractor can sue the company that hired the contractor for on-the-job injuries rather than just collect workers’ compensation benefits. Now the high court has issued two new opinions further clarifying when you can be sued for […]
Because of recent national events, many employers have been developing or revising their emergency procedures to help ensure that employees can be evacuated safely. One issue that arises is that some employees with medical conditions may need special assistance in an emergency. To help you plan more effectively to help these workers, the federal Equal […]
Sendai Parker, a credit analyst for a Los Angeles area branch of Home Savings of America, charged that her supervisor sexually harassed her at a co-worker’s birthday lunch. The supervisor was eventually terminated. Then when Parker was fired two years later for alleged performance problems, she charged that her termination was the culmination of a […]
When Tarlochan Sidhu was laid off by Fletco Co. following a workers’ comp leave, the union grieved his termination and sought arbitration as called for in the union contract. After Fletco refused to arbitrate on the grounds that the contract didn’t apply to the dispute, the union sued to enforce the CBA. Fletco asked the […]