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Genetic Testing: U.C. Lawrence Livermore Lab Settles Lawsuit

In the March 1998 issue of California Employer Advisor, we reviewed a decision by the Ninth Circuit Court of Appeal focusing on alleged secret genetic testing of employees at the University of California’s Lawrence Livermore National Laboratory. The court held that the workers could sue the lab for violating their privacy rights. Now the lab has […]

Outside Sales Employees: Bottled Water Distributor To Pay $4 Million To Settle Overtime Claims

In a confidential settlement, a Los Angeles bottled water distributor agreed to resolve a class action lawsuit by paying $4 million to workers who said they were not paid overtime because they were improperly designated as exempt outside sales employees. The workers claimed they were actually delivery drivers, despite their job title of “route sales […]

News Flash: Important New Wage And Hour Developments

The Industrial Welfare Commission has adopted several important new rules that will have a significant impact on California employers. One big change requires you to pay employees for an additional hour if they work through a break or meal period. The story also outlines the IWC’s new requirements for adopting and repealing alternative workweeks to […]

News Flash: Employees Can Have Co-Workers Present At Disciplinary Meetings

As a result of a new decision by the National Labor Relations Board, investigating complaints of harassment or other employee misconduct is likely to become more complex. The NLRB recently ruled that nonunion employers must allow employees to bring a co-worker to so-called investigatory interviews. The rule applies to any interview in which employees will […]

News Note: Retaliation, Sexual Harassment Claims Rise

The Equal Employment Opportunity Commission reports that the number of cases involving sexual harassment and retaliation is increasing. Retaliationclaims, the fastest-growing type of complaint filed with the EEOC, have gone up more than 77% between 1992 and 1999. A total of 11,096 retaliation charges were filed in 1992, but by 1999, the number had jumped […]

News Note: Federal Contractors May Need Clean Record For Three Years

Under a revised proposal by the Federal Acquisition Regulatory Council, companies would have to certify that they are in compliance with a broad range of federal laws to contract with the federal government. This new version of a rule proposed in 1999 clarifies the existing requirement that federal contractors have a satisfactory record of “integrity […]

News Note: $5 Million Verdict For Wrongful Demotion Of Female Manager

A 29-year manager with Vons who contended she was wrongfully demoted because of her sex was awarded $5.2 million by an Orange County jury. Lynn Rayburn claimed that Vons appointed a new district manager who said there were “too damn many women in the district” and made other disparaging gender-related remarks. Rayburn had been in […]

News Note: Government Increases Cost Estimate For Use Of Unemployment Insurance Funds For Family Leave

The federal Department of Labor has increased its projections of the cost of allowing states to pay unemployment insurance benefits to employees out on family leave. Original estimates were as high as $68 million based on the four to six states that initially expressed interest. But now the agency says that the new program could […]

News Note: No-Solicitation Rule Can’t Be Selectively Enforced Against Union

The National Labor Relations Board has ruled that United Parcel Service illegally enforced a broad no-solicitation rule that prohibited employees from distributing literature in nonwork areas during off-hours. UPS refused to allow a Teamsters union publication to be passed out in a warehouse area before work began, but routinely permitted drivers to hand out contest […]