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Family and Medical Leave: Supreme Court Says State Employers Can Be Sued for FMLA Violations; Little Impact in California

In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family […]

Discrimination: EEOC Releases Fact Sheets for Multinational Companies

With the globalization of business activity, more Americans than ever work overseas and more international companies do business here in the United States. Now the Equal Employment Opportunity Commission has released a series of fact sheets outlining the responsibilities and rights of multinational employers and their employees under Title VII, the Americans with Disabilities Act, […]

News Notes: Supreme Court Update

The U.S. Supreme Court has ruled that wage and hour cases filed in state court under the federal Fair Labor Standards Act can be moved to federal court at an employer’s request. Employers might prefer to have a case heard in federal court for a number of reasons, including the higher standard applied to jury verdicts. […]

News Notes: Consumer Privacy Law Takes Effect

As of July 1, 2003, a new law will require California businesses to disclose security breaches of computerized personal data. You will have to inform a California resident when you have a reasonable belief there’s been unauthorized access to their unencrypted personal information i.e., the person’s first name or initial and last name, in combination […]

News Notes: Worker’s Naps May Indicate Need For FMLA Leave

After four years of exemplary employment, John Byrne, an Avon Products Inc. engineer, began to fall asleep on the job and was fired. It turned out he was suffering from depression. He was quickly hospitalized and recovered. Byrne charged in a lawsuit his termination violated the Family and Medical Leave Act because his abrupt change […]

News Notes: Big Overtime Settlements Reached

The U.S. Department of Labor has announced two sizable overtime settlements with Southern California employers. VCI Telecom Inc., an Upland telecommunications company, has agreed to pay $1,074,375 to settle charges levied by the DOL for not paying overtime to 227 employees. And flooring and tile company Lambard Inc., based in Ontario, will fork over $228,156 […]

Bulletin Item: Supreme Court Explains How An Employee Can Prove Discrimination

The United States Supreme Court recently held that when an employee brings a claim of discrimination, the employee may rely on circumstantial evidence to prove that the employer was motivated in part by illegal factors (such as the worker’s age, sex, religion, etc.). In a future article we will outline what this means for employers […]

Bulletin Item: Employer Not Liable for Client Harassment

The California Department of Veterans’ Affairs escaped liability for harassment one of its registered nurses endured from a resident of the veterans’ home where she worked. Although this is a victory for employers, the state Assembly is considering legislation that would hold employers liable when clients or customers harass employees. We’ll keep you posted as […]