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Employee Benefits: Public Employers May Have to Provide Long-Term Temps with Full CalPERS Retirement Benefits; A Reminder to Review Your Employee Classifications

In a decision that could be enormously costly for some California public employers, the state’s high court has ruled that long-term temps hired by the Metropolitan Water District of Southern California (MWD) through private temporary agencies may be eligible for full CalPERS retirement benefits. This opinion highlights the need for employers to be on high […]

Americans with Disabilities Act: Employee’s Respiratory Ailment Stemming from Workplace Mold Lands Employer in Court

Earlier we reported on the growing risks of toxic mold in the workplace. Now, a federal court ruling demonstrates how this health and safety problem can mushroom into complaints under the Americans with Disabilities Act. Employee Suspects Mold in Building While working for the city of San Antonio, Texas, Dorothy Burnley was diagnosed with a […]

Workers’ Compensation: Court Upholds WCAB Decision That Employer Terminated Employee Because of Industrial Injury; Practical Tips to Help You Avoid Retaliation Claims

Appliance installer Morton Wong injured his elbow while employed at Crown Appliance in Modesto. Wong claimed he always had a good working relationship with Crown’s owner, Mary Sanchez, but that things went downhill when he returned to work following the injury. Eventually, the Workers’ Compensation Appeals Board (WCAB) found that Crown illegally discriminated against Wong […]

Truth in Hiring: New Case Highlights Need for Caution When Recruiting Applicants Who Will Relocate; Don’t Make Promises You Can’t Keep

Years ago, the California Supreme Court opened the door for workers to bring high-stakes lawsuits claiming employers induced them to take jobs based on false promises about the position or the company’s health. Since then, employees have filed a steady stream of claims alleging employer fraud in the hiring process—and many have won multimillion-dollar verdicts. […]

News Notes: Employer Settles DOL Charges Over Using Youth Drivers

Restaurant Runners Inc., which contracts with restaurants to deliver prepared meals to customers’ homes, has shelled out $15,200 in civil penalties to settle Department of Labor (DOL) charges that the company violated child labor laws. The DOL said Restaurant Runner, which has offices in Santa Clarita and Bakersfield, allowed minors to work as delivery drivers, […]

News Notes: Big Lots Announces Overtime Settlement

Big Lots Inc. has signed off on a $10 million settlement of a lawsuit charging that more than 1,400 managers and assistant managers at the Ohio-based retailer’s California discount stores, including Pic ‘N’ Save and MacFrugals, were misclassified as exempt. The employees charged they spent the bulk of their time performing nonmanagerial tasks such as […]

News Notes: Cop’s Sexually Explicit Videos On Internet Amounted To Protected Speech

San Diego police officer John Roe claimed his free speech rights were violated when he was fired for selling sexually explicit videos of himself on the Internet. The Ninth Circuit explained that a public employee’s speech is protected and cannot be abridged without good cause when it touches on a matter of “public concern” rather […]

News Notes: Employers Boosting Work/Life Benefits, Study Finds

A new study by Mellon Financial Corp. reveals that 81 percent of employers offer employee assistance programs, up from 70 percent in 1996, and 54 percent provide family sick days, up from 42 percent. Although only 6 percent of employers offered domestic partner benefits seven years ago, 35 percent of employers do now. The study […]