Tag: Southern California

Avoiding Defamation Suits: Employer Who Went After Ex-Employee For Trade Secret Violations Gets Hit With Slander Verdict

If you think an ex-employee is using your trade secrets to build a competing business, you might decide to haul the person into court to protect your confidential information. But you have to be very careful with what you say about the employee or this move could backfire, which is what happened recently to a […]

News Flash: Workplace Drug Use Drops Dramatically, But Cheating On Drug Tests Increases

According to a new survey by Quest Diagnostics Inc., the country’s largest drug-test processor, drug use in the workplace has significantly declined. In 1988, 13.6% of employment-related drug tests were positive. By last year, however, just 4.6% of the approximately 6 million tests conducted by the company turned up positive. The study also reveals that […]

News Notes: New Suits Challenge Overtime Classifications

Two lawsuits charge California employers with misclassifying workers as exempt from overtime requirements. In one case, Denny’s is accused of failing to pay overtime to 1,500 managers. The suit alleges Denny’s understaffed its restaurants, causing managers to spend more than half their time performing nonmanagerial tasks such as serving food. Denny’s says its compensation system […]

ADA Reasonable Accommodations: Color-Blind Applicant Wins $300,000; What The Employer Did Wrong

It’s common for employers to administer tests to applicants or employees up for promotion to be sure the candidate has what it takes to do the job. But as one Southern California employer recently discovered, you can run into serious trouble if you automatically disqualify someone who can’t pass a test due to a medical […]

News Notes: Government Expanding Use Of Undercover Testers

Federal agencies responsible for enforcing anti-discrimination laws are stepping up their use of ‘testers’-individuals who act as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The Equal Employment Opportunity Commission is now utilizing outside vendors to conduct the testing. And the Office of Federal Contract Compliance Programs, the […]

Union Organizing: Employer To Pay $1.3 Million For Firing Workers Before Election; Do You Know Your Rights?

Have your employees become discontent, asked for higher pay and better benefits or grumbled about recent management changes? If so, beware-it’s these workers who are most likely to become interested in forming a union. And if this happens, it’s critical that you know exactly what the law allows you to do in response to their […]

News Notes: On-The-Job Violence A Big Concern For California Employers

One in five human resource executives reported a violent workplace episode, according to a new survey of Southern California employers by Thomas Staffing Services in Irvine. Respondents expressed the most concern over fist fights, guns, and obscene or threatening phone calls. Nearly all believed preventive measures such as pre-employment screening, tighter security and employee hotlines […]

Electronic Surveillance Update: When and How to Use Workplace Monitoring Devices Without Getting Sued

Employers are increasingly using surveillance devices to combat theft and drug abuse and improve overall security at work. But you could find yourself in serious trouble under federal and state laws if you’re not careful. We’ll look at two recent cases that focus on some complex issues involved in workplace surveillance.

Workers’ Comp Fraud: Why Employer Was Ordered to Pay Insurer $3 Million

When you hear about workers’ compensation fraud, it’s usually by employees. But there are cases where employers are charged with cheating the workers’ comp system. In one of the biggest verdicts of this kind, State Compen- sation Insurance Fund-the state’s largest workers’ compensation insurer-recently won a $3.2 million judgment against a network of Southern California […]