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Race Bias: $1 Million Punitive Damage Award For Employee Subjected To Racial Slurs; Avoiding Lawsuits

The Ninth Circuit Court of Appeals, which covers California, has upheld a $1 million punitive damages award to an employee who was subjected to repeated racial slurs and jokes with his supervisor’s knowledge. The new ruling, one of the largest of its kind, serves as a reminder that it’s imperative to take steps to prevent—and […]

Workplace Privacy: Employer Liable When Supervisors Photograph Employee In Bathroom; How To Handle Workers’ Pranks

Chris Fotiades was a production manager at the Anaheim branch of Hi-Tech, an auto body shop chain. One day while he was in the restroom, store manager Sam Mirable allegedly picked the lock on the door and kicked it open. Then, assistant manager William Hendricks reportedly snapped a Polaroid photo of Fotiades urinating. Afterward, Fotiades […]

Health And Safety: OSHA Recordkeeping Rules Are Changing

Federal OSHA’s revised rules for recording workplace injuries and illnesses took effect January 1. Although they’re not yet formally implemented in California, a Cal/ OSHA spokesman told CEA the agency expects the rules to be officially adopted by mid-February and is advising California employers to start following the new federal guidelines now for all 2002 […]

Americans With Disabilities Act: Court Explains Which Personnel Get Counted In Determining Whether An Employer Is Covered By The ADA

Deborah Wells was employed by Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and another 12 to 15 employees. When Wells was terminated, she sued Clackamas under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. 400+ […]

News Notes: Warehouse Retailers Subject To New Safety Provisions

A new law—S.B. 486—that’s aimed at increasing worker and customer safety in wholesale or retail warehouse establishments requires that if such businesses store merchandise on shelves higher than 12 feet above the sales floor, they must secure it from falling. Security methods could include safety rails, netting, security cables, shrink-wrapping pallets or tying items together. […]

Employer Survey: Cell Phone Use Widespread, But Few Employers Have Policy

We recently polled our CEA subscribers to determine how employers are managing employee cell phone use issues. Employers who responded had staff sizes ranging from five to more than 5,000. Cell Phone Use While Driving More than 96% of employers who responded said that some or all of their employees use cell phones to conduct […]

News Notes: NLRB Rejects “30%” Wage Hiring Rule

  Contractors Labor Pool is a major supplier of construction trade labor to nonunion contractors in the western United States. CPL implemented a new hiring guideline, based on a company retention study, under which it refused to hire applicants whose most recent job was at a pay level that was more than 30% above starting […]

News Notes: Nonunion Workers’ Right To Bring A Co-Worker Upheld

We previously reported on a ruling by the National Labor Relations Board that extended to nonunion employees the right to bring a co-worker to a meeting that may have disciplinary consequences. Now a federal appeals court has upheld the NLRB ruling, expanding to nonunion employees a right that has been recognized for union workers since […]