Archive for the ‘Discrimination, Harassment & Retaliation’ Category
ANGER MANAGEMENT
Jerks, Introverts and the Americans with Disabilities Act, Weaving v. City of Hillsboro The ability of employers to follow the law – and of judges to enforce it – depends on clearly defined standards of responsibility and conduct. Vaguely or otherwise poorly stated rules can lead to inconsistent outcomes in very similar factual situations. This […]
TO VAPE OR NOT TO VAPE
Should Employers Ban E-Cigarettes in the Workplace? Given the widespread popularity of electronic cigarettes, more cities and states are passing legislation to address their use in the workplace. Electronic cigarettes, or e-cigarettes, are battery-powered and tobacco free. They vaporize a liquid nicotine solution that users inhale and then puff out (i.e., “vaping”). The exhaled water […]
BRINKER CASE SETTLES FOR $56 MILLION
California Restaurant Workers Settle High Profile Wage and Hour Class Action Lawsuit After waging a 10-year legal battle, Brinker Restaurant Corp., the parent company for Chili’s and Maggiano’s restaurant chains, has settled its wage and hour class action lawsuit. On August 6, 2014, the parties reached a preliminary agreement to resolve all 120,000 class members’ […]
BANNED BOX AND BEYOND
San Francisco Employers Must Give Former Convicts a Fighting Chance Joining a growing movement of 12 states and more than 60 cities with “ban the box” laws, i.e., deleting the typical criminal history check box often seen on employment applications, San Francisco’s Fair Chance Ordinance (FCO) goes into effect August 13, 2014. Arguably the strictest […]
WAKE-UP CALL ON INSIDE SALESPERSONS
California Supreme Court Narrows Eligibility for the Commissioned Salesperson Exemption California employers may qualify commissioned inside salespersons as exempt from overtime if they earn at least 1.5 times the state minimum wage for each hour worked with more than fifty percent of that total from commissions. Some employers have considered an employee eligible if he or […]
FEDERAL AGENCY WEIGHS IN ON PREGNANCY DISCRIMINATION
EEOC Publishes Controversial Enforcement Guidelines On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) published its first “guidance” on pregnancy discrimination since 1983. EEOC enforcement guidances are the agency’s interpretations of law. This set offers EEOC views on what constitutes unlawful pregnancy-based discrimination under the federal Civil Rights Act of 1964 (“Title VII”), […]
“CALIFORNIA WAGE THEFT RECOVERY ACT” NAVIGATING HEAVY LEGISLATIVE SEAS
Assembly Bill 2416 Would Permit Employees to Impose Liens on All Employer Property for Alleged (but Unproven) Wage Claims California’s controversial Assembly Bill (AB) 2416, the “Wage Theft Recovery Act” continues to make progress through the Legislature. Patterned on a unique Wisconsin law, the Act, if passed, would enable an employee to create a lien […]
DISCRIMINATION AND RETALIATION CLAIMS
An Employer’s Lesson In Thorough Documentation In Los Angeles County, it is not uncommon to see 100 lawsuits filed weekly against employers for alleged unlawful discrimination or retaliation, often both in the same complaint. One could say that unless a business knows and applies the important basics in preventing such expensive and time-consuming claims, it […]
MINOR LEAGUE PLAYERS CHALLENGE BASEBALL’S LABOR PRACTICES
Underpayment of Minimum Wage and Overtime Is Foul Play Thirty-three former minor league ball players seek to pull back the curtain on alleged system-wide violations of minimum wage or overtime. Their federal class action suit challenges Commissioner Bud Selig, the Office of the Commissioner, and, in effect, every baseball team in the country to remedy […]
EMPLOYER DUTIES TO FIGHT RELIGIOUS PREJUDICE
Companies Must Uphold Worker Rights to Religious Garb or Grooming Even if It Means Losing Business The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the federal laws prohibiting discrimination in commerce, including the Civil Rights Act of 1964, nicknamed “Title VII.” In the wake of the September 11 attacks, the EEOC has fielded […]