Effective January 1, 2015, California Assembly Bill 1443 plugs a gap that had left interns, trainees, and others lawfully involved in unpaid work experience unprotected from unlawful harassment and discrimination. Since its enactment in 1980, California’s Fair Employment and Housing Act (FEHA) has prohibited employers from discriminating against “any person … in compensation or in […]
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 […]
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 […]
“Paid Family Leave” Program and Workers’ Comp Affected Employees covered under California’s Paid Family Leave (PFL) program may receive up to six weeks of state-funded disability benefits to take time off for baby-bonding or to care for a seriously ill child, spouse, parent or registered domestic partner. California’s Employment Development Department (EDD) administers this program […]
Effective April 18, 2014, the Equal Employment Opportunity Commission (EEOC) doubled the penalty for an employer’s failure to post that agency’s “Equal Employment Opportunity is the Law” notice, from $110 to $210 per violation.See, 29 Code of Federal Regulations (CFR) section 1601.30(b). The required notice includes the basics for: The 1964 Civil Rights Act (Title […]
An Employer is Not Responsible to Pay Off-the-Clock Work Time about Which It Knows Nothing A company normally must compensate an employee for any time he/she put in service to that company even if such work was not authorized. Thus, while an employer can issue policy barring overtime work or policy requiring advance approval for […]
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 […]
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 […]
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 […]
U.S. Supreme Court Turns to History and Webster’s Dictionary to Defeat a Class Action Against U.S. Steel A minimal underpayment of wages to a single worker can morph into a claim potentially worth millions if magnified across a “class” of many workers subject to the same alleged employment practices. Targeting larger employers, such “class action” […]