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The Ninth Circuit Court of Appeals has ruled that a public employee whose First Amendment rights are violated can sue even if the employee wasn’t terminated or disciplined—if an adverse employment action was taken that was reasonably likely to deter the employee from engaging in constitutionally protected speech. But in another case, the same court gave […]
According to a new U.S. Bureau of Labor Statistics report, union membership in 2002 sank to its lowest level in 20 years. In 2002, 13.2% of workers were union members, down from 13.4% in 2001 and a high of 20.1% in 1983, the first year for which comparable data are available. More than 2.5 million […]
A California appeals court has upheld a $150,000 misappropriation of trade secrets judgment in favor of Pasadena-based law firm Robert L. Reeves & Associates, which sued two attorneys who resigned from the firm to start their own firm. Reeves charged that the attorneys improperly persuaded a group of Reeves’ employees to join the new firm […]
A California appeals court has given the green light to a California State University employee’s constructive discharge suit—even though she technically didn’t quit her job but rather took a disability retirement. The employee claimed that after she blew the whistle on alleged misappropriation of public funds, she was subjected to a pattern of harassment that […]
Final countdown for HIPAA privacy compliance. Medical information privacy rules under the Health Insurance Portability and Accountability Act (HIPAA) take effect April 14, 2003, for all covered entities other than small health plans, which have an additional year to comply. Under the rules, health plans won’t be able to disclose certain individual health information to […]
For the first time in over 25 years, the U.S. Department of Labor has issued proposed rules overhauling the system for determining which employees are exempt from overtime under the federal Fair Labor Standards Act. The proposed rules change the types of job duties workers must perform to qualify for exemption from overtime as well […]
In what could be another economic blow to California employers, the actuarial committee of the Workers’ Compensation Insurance Ratings Bureau is recommending a midyear increase of 11 percent to the pure premium rate. This recommendation follows on the heels of 10.5 percent increase that took effect on January 1, 2003. Note that the pure premium […]
The U.S. Equal Employment Opportunity Commission has announced a $1.1 million settlement of a lawsuit charging that four Muslim employees of Stockton Steel, a subsidiary of Herrick Corp. based in Pleasanton, were harassed based on their religion and ethnicity. The Pakistani-American workers charged they were ridiculed at work during their daily prayers, chided about their […]
An Orange County jury has awarded $1,350,000 to a real estate agent who claimed she was terminated because she complained she was being sexually harassed by a corporate vice president. And a Los Angeles jury has awarded $1,125,000 to a transit employee who claimed that she was sexually harassed by her supervisor and that the […]
When an employee’s name or Social Security number differs from information in the Social Security Administration’s records, the agency sends out a “no-match” letter to notify the employer of the discrepancy. In a change from past years, the agency plans to send no-match letters only if an employer has more than 10 employees with mismatched […]