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The federal Equal Employment Opportunity Commission has updated its enforcement guidance concerning reasonable accommodation and undue hardship under the Americans with Disabilities Act. The revisions stem from a recent U.S. Supreme Court ruling that it is unreasonable for an employer to have to reassign a disabled employee if doing so would violate a seniority system, […]
In response to the highly publicized corporate accounting scandals involving Enron, WorldCom and a host of other companies, President Bush recently signed into law the Sarbanes-Oxley Act, creating tougher new rules for auditing and financial disclosures at publicly traded companies and for protecting shareholders’ interests. The new law also has some serious implications—including both civil […]
We earlier reported on a new program that makes it easier for employers and benefit plan officials to voluntarily correct certain employee benefit plan violations and avoid enforcement actions and penalties. Now, the Department of Labor’s Pension and Welfare Benefits Administration has released guidance with FAQs about the VFCP program and useful hypothetical examples. The […]
Seeking to clear up confusion arising from the Supreme Court’s recent ruling that undocumented workers who are victims of unfair labor practices aren’t entitled to recover back pay, the California Department of Industrial Relations has released a statement clarifying its wage enforcement policy. The department’s position is that all California workers—whether or not they’re legally […]
Last year the federal Department of Labor repealed the controversial Clinton-era mandatory ergonomics regulations but promised to develop another strategy for reducing workplace injuries stemming from ergonomic problems. Now, rather than apply a single ergonomics standard to a broad range of industries, the federal Occupational Safety and Health Administration has come up with a new […]
The U.S. Supreme Court has handed down a ruling that permits the federal Equal Employment Opportunity Commission to sue you for job discrimination, even if the employee has signed a mandatory arbitration agreement. We’ll explain this new ruling and its impact.
The Bush administration has thrown out a Clinton-era rule governing contractor responsibility. The rule had banned the award of federal government contracts to businesses that had criminal or civil violations of federal labor and employment, safety, environmental, tax, antitrust or consumer protection laws in the preceding three years. Enforcement of the rule—which the business community […]
Gov. Davis has signed a new measure, A.B. 1015, that creates new labor law protections for job applicants’ outside activities and political interests and strengthens remedies employees already have. The new law takes effect Jan. 1, 2002, and applies to most public and private employees with a few exceptions. We’ll cover the key points.
Margaret Gardenhire was an eligibility interviewer for the Housing Authority of Los Angeles. She received outstanding performance ratings and promotions, and had even been named employee of the year. But after Gardenhire reported suspected illegal activity by a Housing Authority consultant, her performance rating plummeted and her boss threatened to fire her. She sued, and […]
As we went to press, the current state legislative session was drawing to a close, and a host of important bills that could significantly impact employers were pending. Here’s a rundown on key employment legislation on the docket in Sacramento and a quick overview of new federal laws under consideration.