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Employment Law Tip: Have You Met the HIPAA Security Rules Deadline?

Last year, large health plans (those with receipts of at least $5 million) had to come into compliance with new electronic security rules mandated by HIPAA, the Health Insurance Portability and Accountability Act. The rules are a corollary to the HIPAA privacy requirements for individual protected health information (PHI) and specify a series of administrative, […]

Employment Law Tip: What to Do When Employees Complain

An employee comes to you with a complaint of sexual harassment—or perhaps an allegation that a co-worker is violating company policy. Or maybe a worker reports that an expensive piece of equipment is dangerous and needs to be repaired. How you respond to these scenarios can make the crucial difference between a prompt resolution of […]

New Ruling on Liability for Injuries to Contractor’s Employee

In a series of cases in recent years, the California Supreme Court has discussed the circumstances under which an employee of an independent contractor can sue the hirer of that contractor for work-related injuries, rather that just collect workers’ compensation benefits. Now the high court has further clarified when you can be sued for damages […]

Oakland Police Officer Wins $2 Million for Pregnancy Bias

A federal jury in San Francisco has awarded $2 million to former Oakland police officer Janeith Glenn-Davis, who claimed she was passed over for promotion because she was pregnant. The damages included $150,000 in lost earnings plus $1.85 million for emotional distress and other damages.

Disability Bias: Verdict Upheld for Worker Refused Reinstatement Based on Past Violent Behavior; What to Do

When Joshua Josephs applied for a service tech position with Pacific Bell Telephone Co., he checked “no” to the job application question, “Have you ever been convicted of, or are you awaiting trial for, a felony or misdemeanor?” Josephs was hired for the position, which required him to install and repair phones unsupervised in homes, […]

Workers’ Compensation: Employee Gets Six Years to File Comp Claim Because Employer Didn’t Provide Notice of Rights

Thomas Davenport worked for Michael Faeth Cleaners (MFC) under its contract with Camp Pendleton to dry-clean military clothing. He lived in a hotel on the base and MFC paid for his room and board. One day, while Davenport was cooking in his hotel room, a grease fire started and Davenport was burned on his arms, […]

U.S. Supreme Court Scrutinizes Racial Bias Ruling

After several years of employees being required to meet a very high standard to have their cases heard by a jury, that may be changing in the long term. The U.S. Supreme Court recently cautioned federal judges to be careful in the rules of evidence and legal standards for employment discrimination. The Court’s opinion offers […]

Employment Law Tip: Get a Severance Signoff

Employers often use severance pay as a way to fend off possible lawsuits by departing employees. But here’s the catch: if you don’t require the employee to sign a waiver of all rights to sue you in exchange for the severance, you can be sued anyway. Whenever you offer severance an employee is not otherwise […]

California Supreme Court to Review Meal Period Issue

In recent months, the California appeals courts have grappled with whether the extra one-hour’s wages an employer must pay an employee for a missed meal or rest period amounts to a penalty or wages. A penalty carries a one-year time limit for an employee to file a claim; wages carry a three-year time limit. Now, […]