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After Daniel Huffman, a sales manager in Pomona for Interstate Brands Co. (IBC), was demoted, he sued for age bias and emotional distress arising from a knee injury incurred in the new job, which required him to perform heavy physical work. A trial court awarded him $2 million for emotional distress from the knee […]
Michael Mills alleged that his time-off requests for weekend National Guard duty were met with hostility from his employer, Earthgrains Baking Co. And when his Guard duty became mandatory after the 9/11 terrorist attacks, the company allegedly threatened him to get out of the duty “or else.” Eventually Mills was fired following a two-week […]
The U.S. Equal Employment Opportunity Commission has announced the simultaneous filing and settlement of a class action suit against Home Depot, USA Inc., alleging sex, race, and national origin bias at the company’s Colorado stores. Under the settlement, which a judge must still approve, Home Depot will pay $5.5 million to current and former employees […]
Federal rules governing overtime, which went into effect just a few weeks ago, are facing another challenge: the U.S. House of Representatives has moved to block the Department of Labor from enforcing them. The central point at issue is the number of workers who will lose overtime eligibility. Opponents claim as many as 6 million […]
Gov. Arnold Schwarzenegger has until Sept. 30 to sign or veto a number of measures approved recently by the legislature, including several relating to employment. Some of the contenders:
Farmers Insurance Exchange has reached a pricey settlement in a long-running class action lawsuit that accused the company of misclassifying claims adjusters as exempt from overtime. Farmers will pay the entire jury verdict from a 2001 trial of more than $90 million, along with about $80 million in attorney’s fees and interest, and $40 million […]
The Labor Code Private Attorneys General Act, dubbed the “bounty hunter” or “sue your boss” law, went into effect on Jan. 1, 2004. The controversial law gave employees in California almost unlimited rights to sue their employers for just about any Labor Code violation—and to recover the statutory penalties and attorney’s fees.
The long-running class action lawsuit over alleged misclassification of Farmers Insurance Exchange adjusters has taken another twist: A California court of appeal has ruled that the employees can sue the San Francisco law firm that represented them against Farmers for malpractice.
A California law curtailing some employers’ rights to oppose their employees’ unionizing efforts is superseded by the National Labor Relations Act, the Ninth Circuit Court of Appeal has held. The ruling could bring welcome relief to employers facing union organization efforts.
Suppose a supervisor retaliates against an employee who complained about sexual harassment by initiating a disciplinary investigation against the employee. The employee is ultimately terminated for disciplinary reasons and sues you for retaliation. Can you claim you’re not liable because the person who made the termination decision didn’t know about the harassment complaints? Not according […]