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Disability Bias: Employee Unable to Travel Is Not Disabled, but Court Considers Retaliation Claim Anyway; Practical Considerations

A new ruling from the federal appeals court that covers California demonstrates how you can get hit with a retaliation claim following an employee’s request for a reasonable accommodation—even if it turns out the employee wasn’t disabled. The court also pointed out that travel restrictions don’t qualify as limitations on a major life activity for […]

Legislation and Reform Proposals Whistleblowing: New Laws Change Wage Statement Requirements, Clarify Whistleblower Poster Rule

Governor Schwarzenegger has signed new laws changing the information you must include on employee wage statements and clearing up how large the type must be on your whistleblower posters. Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know […]

Health and Safety : What You and Your Employees Need to Know About Workplace Fire Safety

The largest single settlement Cal/ OSHA ever collected—$462,000—was for a work-related fire. In 1999, Tosco Refining Co. was cited for 33 alleged violations of state workplace safety regulations as a result of a fatal fire at its Avon plant near Martinez. Thankfully, most workplaces won’t experience such tragedies, but even so, OSHA reports that workplace […]

News Notes: Aging Hollywood Writers Get Green Light For Lawsuits

  A California appeals court has ruled that a group of Hollywood screenwriters can proceed with 23 class action age-bias lawsuits against the major studios, television networks, talent agencies, and production companies. The lawsuits, filed by the Writers’ Guild of America, allege that the studios, networks, and production companies crafted a “youth-oriented corporate culture that indiscriminately […]

News Notes: Workplace Fatalities Decline In California

New California Division of Labor Statistics figures show that workplace fatalities declined last year even as employment numbers rose. In 2003, 456 of the state’s 16,283,000 workers were fatally injured on the job, down from 478 out of 16,215,000 in 2002. The causes of fatalities in 2003 were transportation incidents, accounting for 38 percent of […]

News Notes: IBM Agrees To Partly Settle Pension Lawsuit

IBM will pay $320 million to current and former employees in partial settlement of a long-running class action lawsuit charging that the company’s conversion of its traditional pension plan to a cash-balance plan illegally discriminated against older workers. Under the settlement terms, IBM’s additional liability, which is under consideration by a federal judge, will be […]

News Notes: One-Month Delay In Returning Worker To Job Violated FMLA

  Honda of America Manufacturing Inc. violated the federal Family and Medical Leave Act (FMLA) by delaying an employee’s reinstatement for one month following the employee’s notification that she was ready to return from a medical leave. A federal appeals court said that under the FMLA, job restoration must occur once the employee is capable […]