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Background Checks: New Consumer Report Rules In Effect Now; What’s Changed

Last year, Gov. Davis signed into law some controversial state consumer report rules. And now the governor has signed two new laws, A.B. 1068 and A.B. 2868, that revise the complicated consumer reporting process. The changes have taken effect immediately—and impact how you conduct workplace investigations, background checks and reference checks. Internal Background Check Rules RepealedUnder […]

Age Bias: New Legislation Expands State Protections For Older Workers

Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]

News Notes: “Veganism” Isn’t A Religion

Southern California Permanente Medical Group revoked Jerold Friedman’s computer-related employment offer after he refused a required mumps immunization because the vaccine was grown in a chicken embryo. Friedman sued for religious discrimination, claiming the employer conditioned his employment on something that violated his vegan religious belief that it was immoral to kill and exploit animals, […]

News Notes: Off-the-Job Drinking Linked To Workplace Injuries

A new U.C. Berkeley study concludes that employees who drink off the job are more likely to file workers’ comp claims. The research focused on San Francisco Municipal Railway drivers’ alcohol consumption, medical histories and workers’ compensation claims over a five-year period. In light of this finding, you may want to consider offering employee assistance […]

News Notes: Unauthorized Access To Employee’s Website Creates Legal Trouble

During collective bargaining negotiations with Hawaiian Airlines, pilot Robert Konop created a password-protected website containing statements critical of his employer and union. Konop sued Hawaiian after learning that a co-worker, who had been authorized to access the website, shared his password with Hawaiian’s vice president, who in turn shared information from the website with an […]

News Bulletin: Government Hunting Down Late Form 5500 Filers

The federal Department of Labor and the Internal Revenue Service have announced that they’re tracking down delinquent filers of Form 5500, which is required to be filed annually for benefit plans. And in December 2002, the agencies plan to begin sending out letters of inquiry to delinquent filers. Penalties for late filing can be steep, […]

News Bulletin: Flurry of Post-9/11 Bias Lawsuits

The federal Equal Employment Opportunity Commission has filed several new lawsuits arising out of post-9/11 backlash in the workplace. In one case, the agency has sued Alamo Rental Car on behalf of a Muslim employee who was denied a workplace accommodation to wear a headscarf during the holy month of Ramadan in December 2001. Another […]

E-Alert Item: Labor Department Unveils New Website For Disability Awareness

The U.S. Department of Labor has launched http://www.disabilityinfo.gov/, a new online resource to promote disability awareness. The site is a collaborative effort across multiple federal agencies and includes information on employment, health care and other topics. It contains a resource section for employers, with guidance on legal responsibilities regarding disabled employees and applicants and links to […]

E-Alert Item: Court Says Employer Erred When It Unilaterally Discontinued Dues Check-Off Provision

When a collective bargaining agreement expires, and the union and management haven’t negotiated a new one, an employer must maintain the status quo. This means the employer can’t impose unilateral changes on issues that are considered “mandatory subjects of bargaining,” until a new contract is negotiated or the parties have bargained to impasse. Applying this […]

E-Alert Item: DOL Finds Sun Microsystems Violated H-1B Posting Requirements

The federal Department of Labor has found that Sun Microsystems in Santa Clara failed to comply with a rule requiring posting notices regarding hiring workers under the H-1B visa program. The DOL has now ordered Sun to display the notices, but hasn’t assessed any penalties or fines because it found that the posting violations weren’t […]