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Age Bias: Cases on the Rise; Ways to Limit Liability and Reap the Benefits of a Seasoned Workforce

The American workforce is getting older, and age-bias complaints are prevalent. In 2003, the Equal Employment Opportunity Commission received 19,124 age-discrimination claims and recovered $48.9 million in damages for age-bias victims. And big cases regularly hit the headlines. In July 2004, for example, Google, the California-based Internet search engine company, was sued for age bias […]

News Notes: September 2004

New Paid Family Leave Regulations Released As most California employers know, the new Paid Family Leave (PFL) law kicked into action this summer, providing partial wage-replacement benefits for workers who take time off to care for a seriously ill family member or bond with a new child. At the same time, the state Employment Development […]

Sexual Harassment: High Court Clarifies Law on Constructive Discharge in Harassment Cases; Lawsuit Prevention Strategies

The U.S. Supreme Court has ruled that a constructive discharge—in which the work environment becomes so intolerable that an employee is forced to quit—can amount to an adverse employment action in a hostile environment sexual harassment case. And, depending on the circumstances, you could be held automatically liable in this situation if the harasser is […]

Disciplinary Meetings: NLRB Revokes Nonunion Employees’ Right to Representation During Investigatory Interviews; Practical Impact

In 1975, the U.S. Supreme Court in the case of National Labor Relations Review Board (NLRB) v. Weingarten gave workers the right to bring a union representative to an investigatory interview conducted by the employer. Following that decision, the NLRB flip-flopped on whether nonunion workers also had these so-called “Weingarten rights”—specifically, whether they could have […]

Employee Benefits: Supreme Court Puts the Brakes on Employee Lawsuits Against HMOs in State Courts

The nation’s high court has unanimously ruled that workers with employer-sponsored health insurance can’t sue their health maintenance organization (HMO) in state courts when their HMO won’t cover a recommended treatment. The decision is generally being hailed as good news for employers who provide health benefits.

Age Discrimination: Employer’s Ignorance of Insurance Policy Age Limits Sets Stage for Lawsuit

Salem-Keizer Yellow Cab Co., in Salem, Ore., purchased a new automobile liability insurance policy for $10,000 less than its existing auto policy. Yellow Cab probably figured it was making a smart, money-saving move by switching insurance carriers. But, as we’ll explain, the net cost was an expensive age discrimination lawsuit.

Equal Pay: Massive Lawsuit Highlights Need for Smart Pay Practices; An 8-Point Audit Checklist to Keep You In Compliance With Equal Pay Laws

A lawsuit charging Wal-Mart with discrimination against 1.6 million female employees has been certified as a class action by a federal district court judge in San Francisco. A key allegation in the litigation—being called the largest civil rights action in United States history—is that Wal-Mart violated state and federal equal-pay laws by paying female employees […]

News Notes: Living Wage Law Survives Constitutional Challenge

  The U.S. Ninth Circuit Court of Appeal has upheld the City of Berkeley’s living wage law in the face of a challenge to its constitutionality.1Berkeley’s law, enacted in 2000, requires certain city contractors and lessees to pay workers a minimum hourly wage a few dollars higher than state and federal minimums, plus health benefits. […]