Archives

Bulletin Item: U.S. Supreme Court Has A Number of Employment-Related Cases on 2003-2004 Docket

Those cases include General Dynamics Land Systems Inc. v. Cline, where the high court will consider whether the federal age-bias law permits employees over age 40 to sue because other workers also over age 40 were treated more favorably based on age. In Raytheon Co. v. Hernandez, the justices will decide whether the Americans with […]

Bulletin Item: Gov. Davis Signs Several Employer-related Pieces of Legislation

The newly signed laws expand privacy procedures for Social Security numbers (SB 25), provide leave for crime victims and their families (SB 478), mandate that state government contractors provide domestic partner benefits (AB 17 and AB 205), and require employers to protect workers from sex harassment by nonemployees (AB 76). We’ll have all the details […]

Bulletin Item: Gov. Davis Vetoes Bills Before Leaving Office

Among the bills that failed to win the governor’s approval were AB 1715, which would have prohibited employers from requiring employees to sign agreements to arbitrate Fair Employment and Housing Act claims as a condition of employment; AB 1093, which would have set a living wage for employees of state contractors; AB 1133, which would […]

Workplace Violence: New Case Gives Employers a Tool to Ward Off Tragedy; Restraining Orders Now Easier to Obtain

On July 8, 2003, a worker at a Lockheed Martin Mississippi aircraft parts plant gunned down 14 coworkers, killing five. On August 27, 2003, a disgruntled former employee opened fire at a Chicago auto parts warehouse, killing six former coworkers. These tragedies are just a fraction of the workplace violence incidents—which include the spillover of […]

Disability Bias: Threat to Demote Disabled Employee Who Wouldn’t Relinquish Accommodation Illegal; Train Your Supervisors

A new Ninth Circuit Court of Appeal ruling highlights that you can’t threaten an employee with discipline, demotion, or discharge for exercising their rights under the Americans with Disabilities Act, including the right to an accommodation. Employee Taken Off “On-Call” Duty Brenda Brown was a Tucson, Ariz., police detective in the neighborhood crimes unit. When […]

Terminating Employees: Firing Employee for Discussing Family Leave Rights with Co-Workers Violated NLRA; Even Nonunion Employers Must Be Cautious

Most employers know the National Labor Relations Act (NLRA) protects an employee’s right to participate in union activities. But the law is actually much broader than that. It also covers workers—union and nonunion—who join together to protest or seek changes in the terms and conditions of their employment. Retaliation against an employee for engaging in […]