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News Notes: Fairness Required At Employee Administrative Hearings

  Raul Quintero charged he didn’t get a fair hearing before the Santa Ana Personnel Board when he unsuccessfully challenged his discharge from his job with the city of Santa Ana. Quintero claimed the attorney representing the city at the hearing had also acted as the personnel board’s counsel, which raised the specter that the […]

News Notes: Continued Steady Decline In Union Membership

Recent U.S. Bureau of Labor Statistics (BLS) figures reveal the number of workers who belong to labor unions has continued its steady 20-year decline. In 2003, just 12.9 percent of U.S. workers belonged to a labor union, down from 13.3 percent a year earlier. For private sector workers, union membership fell from 8.6 percent to […]

News Notes: Ninth Circuit Rejects Overtime And Mail Fraud Claim

Yokohama Tire Corp. employee Christopher Miller sued under RICO (Racketeer Influenced and Corrupt Organizations), the federal organized crime statute, charging Yokohama conducted a fraudulent scheme to deny employees overtime. Miller claimed high-ranking Yokohama employees falsely told him and other workers they weren’t entitled to overtime pay because they were salaried, and that every time Yokohama […]

Bulletin Item: New Cash Balance Regulations Proposed By The Treasury Department

The proposal would protect older workers during cash balance conversions by, among other measures, imposing a five-year hold harmless period. During this period the benefits earned by any employee would have to be at least as valuable as benefits under a traditional plan. The new regulations would also provide that cash balance plans do not […]

Bulletin Item: Workers’ Compensation Reform Developments Continue

The Assembly Insurance Committee was recently scheduled to vote on the controversial reform measure (ABX4 1) proposed by Gov. Schwarzenegger just after he took office in November. However, the committee postponed the vote, which likely would have resulted in the bill’s defeat. The governor and legislators have now entered into talks to reach a compromise […]

Bulletin Item: A Massive Overtime Class Verdict Reduced

In Bell v. Farmers Insurance, an appellate court threw out part of the verdict awarding employees more than $1 million allegedly owed for unpaid double-time compensation. The court, however, let stand the jury’s unanimous verdict for unpaid time-and-a-half overtime compensation totaling nearly $88.8 million.

Workplace Investigations: New Law Clears Way For Employers To Use Outside Investigators; What You Need To Know

For several years, employers have struggled with whether they have to comply with the Fair Credit Reporting Act’s (FCRA) detailed notice and disclosure rules when they use outside experts to investigate employee misconduct, such as harassment. The uncertainty stemmed from a now infamous opinion letter from the Fair Trade Commission that stated reports prepared by […]

Employee Dating: Court Upholds Employer’s Nonfraternization Policy After Supervisor Terminated For Dating Subordinate

Given how much time employees spend at work, it’s no surprise that romantic liaisons often develop. Many turn into happy relationships, but some end in disaster—for both the participants and their employer. This is particularly true when one person has direct or indirect control over the other at work, which can lead to allegations of […]