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News Notes: Court Clarifies Date Of Injury For Purposes Of Determining Workers’ Comp Liability

  A California appeal court has ruled that for purposes of determining whether an employer is liable for an employee’s occupational disease or cumulative trauma injury, the date of injury is when the employee first suffered either temporary or permanent disability—not when medical treatment was received. The ruling is important because, with work-related disease or cumulative […]

News Notes: Electronics Retailer Settles Overtime Misclassification Lawsuit

Video game retailer Electronics Boutique of America has agreed to pay $950,000 to settle a lawsuit filed in a Los Angeles court charging the company misclassified managers in the retailer’s California stores as exempt from overtime. The lawsuit charged that managers regularly worked overtime without additional pay and spent more than 50 percent of their […]

News Notes: Failure To Grant Part-Time Status Doesn’t Support Wrongful Termination Claim

  Charles Sinatra, a long-time assistant principal with the Chico Unified School District, sued for wrongful termination in violation of public policy when the district refused his request for transfer to a part-time administrative position, instead giving him a full-time teaching assignment. He claimed he was “forced” to quit for exercising his statutory right under […]

Bulletin: CEA welcomes new board member Lloyd W. Aubry, Jr.

We are pleased to welcome Lloyd W. Aubry, Jr., the newest member of our Editorial Review Board. Mr. Aubry, of counsel in the San Francisco office of Morrison & Foerster, has served as director of the California Department of Industrial Relations and as the State Labor Commissioner. In this position he headed the Division of […]

Bulletin: Long-awaited FMLA Revisions Delayed Until Next Year

Proposed revisions to Family and Medical Leave Act regulations will not be issued until March 2005, according to the latest regulatory agenda from the Department of Labor. Originally, the Bush administration announced it planned to unveil the revisions in January 2003. The changes to the 1993 leave law have lagged as the DOL repeatedly extended […]

Bulletin: Wall Street Firm Settles Sex Discrimination Lawsuit

Morgan Stanley has agreed to pay $54 million to settle a class-action lawsuit accusing the banking firm of sex discrimination. The suit was brought in 2001 by the U.S. Equal Employment Opportunity Commission and charged that Morgan Stanley discriminated against women in its Institutional Equity division with respect to promotions, compensation, and other terms and […]

Bulletin: Industrial Welfare Commission Falls Victim to Budget Cuts

The California Industrial Welfare Commission (IWC) is no longer in operation. State budget cutbacks eliminated the IWC, which determined wages, hours, and working conditions of employees in various occupations, trades, and industries. The agency also published wage orders. However, employers are still required to post the appropriate wage order in their workplace, and the Division […]

Bulletin: NIOSH Produces Free Workplace Violence DVD for Employers

The National Institute for Ocupational Safety and Health (NIOSH) has produced a new training tool about preventing workplace violence. “Violence on the Job” is a 27-minute video (in two separate programs) that discusses practical measures for identifying risk factors for violence at work, and it offers recommendations and resources to help keep workers safe. The […]

Family and Medical Leave: Two New Cases Highlight Tricky Issues to Watch Out For

Although many employers know the Family and Medical Leave Act’s basic requirements, unusual circumstances can trip up even the most savvy. We’ll look at two recent cases involving your duty to inform employees of their leave rights and the importance of determining an employee’s “worksite” for FMLA purposes. No FMLA Notice for Injured Employee Richard […]

Safe Driving on the Job: What You Can Do to Avoid Motor Vehicle Crashes

According to the National Institute for Occupational Safety and Health (NIOSH), motor vehicle crashes are the leading cause of death at work. The highest rate of fatal work-related crashes occurs in the transportation, communications, and public utilities industries, but employees who drive on the job in any industry are at risk. Thus, if your employees […]