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Responding to the onslaught of court rulings on work-related arbitration agreements, the American Arbitration Association (AAA) has modified its national rules for resolving employment disputes. According to the AAA, the changes are also intended to reflect the association’s commitment to fairness for employees. Note that these rules aren’t law, but most arbitration agreements include provisions […]
The federal Equal Employment Opportunity Commission has updated its enforcement guidance concerning reasonable accommodation and undue hardship under the Americans with Disabilities Act. The revisions stem from a recent U.S. Supreme Court ruling that it is unreasonable for an employer to have to reassign a disabled employee if doing so would violate a seniority system, […]
Chris Schultz, a longtime maintenance worker at Christ Hospital and Medical Center in Illinois, took 12 weeks of FMLA leave over the course of a year to care for his ill parents. His father had Alzheimer’s disease and his mother had heart problems and diabetes. During this time period, the hospital implemented a new evaluation […]
Employers take many steps to try to prevent the loss of trade secrets. You ask employees to sign nondisclosure agreements, implement security systems and train your workforce on how to keep information confidential. Despite your best efforts, a breach sometimes occurs and your trade secrets end up in a competitor’s hands. In a new case, […]
Most employers know they can get slapped with retaliation claims for firing workers who have recently complained about harassment or other workplace wrongdoing. But a new case from the federal appeals court that covers California calls attention to a little-discussed retaliation law that employers should be aware of.
In connection with affirmative action regulations that were revised in 2000, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs annually sends out what’s known as an EO survey to randomly selected federal contractors. The mandatory survey—which has stirred much controversy among federal contractors who claim that it’s burdensome—asks contractors to submit a […]
Renae Kohler filed a workers’ comp claim and a harassment lawsuit against her employer, Interstate Brands, based on alleged physical and verbal harassment by her supervisor. Kohler later signed a workers’ comp compromise and release agreement for a $4,000 settlement, which released the employer from “all claims and causes of action” arising from the injury. […]
A Texas jury has awarded $11.24 million to Claudine Woolf, a former top Mary Kay Inc. saleswoman from Walnut Creek, Calif., who was fired while she was pregnant and undergoing treatment for breast cancer. Woolf claimed she asked her employer to reduce her sales quota because of her medical problems. But Dallas-based Mary Kay allegedly […]
The Ninth Circuit has thrown out a $15 million class-action settlement in a case accusing Boeing Co. of workplace bias. A group of employees had challenged the settlement, arguing that it was inequitable because some victims would have received up to 16 times more money than others, and that it didn’t do enough to prevent […]
In a public meeting held in Sacramento on January 10, 2003, the California Industrial Welfare Commission rejected a petition to boost the minimum wage to $8 per hour. Despite this action, state lawmakers will likely introduce legislation during the new legislative session to raise the minimum wage. And labor representatives stated that they plan to […]