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The Department of Transportation has begun enforcing a rule that prohibits motor carriers from placing extraneous information on placards or in placard holders reserved for hazardous materials information. The measure, which took effect Oct. 1, 2001, bans signs, advertisements and slogans such as “Drive Safely” that reduce the ability of emergency responders to immediately recognize […]
In the first of three cases the U.S. Supreme Court is considering this term that involve the Americans with Disabilities Act, the high court has issued a ruling that will make it harder for workers to prove they are entitled to reasonable accommodation under federal disabilities law. However, as we’ll explain, the new decision, which […]
Mark Ramijak worked as an account executive for FileNet Corp. in Costa Mesa, a company that sells and services document management software. He claimed that FileNet owed him about $200,000 in commissions and bonus payments from sales he had made of software and maintenance service contracts—and he eventually took his pay gripe to the California […]
Employers usually put a lot of effort into developing a nondiscriminatory hiring process. But they don’t always apply the same careful planning to promotions, which can be an expensive oversight. We’ll review a recent case involving an employee who sued her employer for sex discrimination and retaliation after losing out on a promotion when the […]
If you receive a sexual harassment complaint, you must promptly investigate and impose corrective action to stop the harassment. But it’s less clear what you should do if you can’t substantiate the complaint. A new Ninth Circuit Court of Appeals decision focuses on how far you need to go in this situation.
Norman Hutton, a diabetic who worked for Portland, Ore. based chlorine manufacturer Elf Atochem North America Inc., sued for disability discrimination after he was terminated following a series of on-the-job hypoglycemic episodes. Elf claimed it didn’t have to keep Hutton in his job because his condition created a direct safety threat to the workplace—and now […]
Under federal law, employers with 20 or more employees must offer continued health plan benefits, at the workers’ expense, for a period of time after employment ends. And in California, employers with fewer than 20 employees must also do so. However, under both federal and state regulations, you don’t have to offer this COBRA coverage […]
The U.S. Supreme Court has handed down a ruling that permits the federal Equal Employment Opportunity Commission to sue you for job discrimination, even if the employee has signed a mandatory arbitration agreement. We’ll explain this new ruling and its impact.
The Bush administration has thrown out a Clinton-era rule governing contractor responsibility. The rule had banned the award of federal government contracts to businesses that had criminal or civil violations of federal labor and employment, safety, environmental, tax, antitrust or consumer protection laws in the preceding three years. Enforcement of the rule—which the business community […]
Although the California Fair Employment and Housing Act is modeled on federal anti-discrimination laws, the state law is often more protective of employee rights. A California Court of Appeal has now ruled that when it comes to employer liability for sexual harassment by a supervisor, the state statute is stronger—and you can’t take advantage of […]