Archives

E-Alerts: Disability Bias: California State Standard for Determining Who’s Disabled Is More Lenient Than the ADA, States Supreme Court Confirms

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The California Supreme Court has handed down a new decision making it easier for disabled workers in California to sue their employers for job discrimination. The court ruled that under the state Fair Employment and Housing Act, an individual claiming workplace disability discrimination need only show that their disorder limits a major life activity. In […]

E-Alerts: Mandatory Arbitration: Court to Take Another Look at Recent Ruling

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The U.S. Ninth Circuit Court of Appeal has decided to review its ruling last year upholding mandatory arbitration of bias claims. The case involves secretary Donald Lagatree, whose job offer at the law firm of Luce, Forward, Hamilton & Scripps was revoked when he refused to sign a binding arbitration agreement. A three-judge panel sided […]

E-Alerts: Health and Safety: Two New OSHA Resources Available

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The U.S. Occupational Safety and Health Administration is offering a “Cold Stress Card” that recommends ways to avoid health problems caused by prolonged exposure to freezing or cold temperatures on the job. According to OSHA, workers in construction, commercial fishing, maritime, and agriculture are at highest risk for these problems, which can include trench foot, […]

E-Alerts: Pension Reform: Blackout Period Rules Finalized

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

The U.S. Labor Department’s Employee Benefits Security Administration (formerly the Pension and Welfare Benefits Administration) has finalized rules for implementing a new federal law requiring 401(k) plans to give workers 30-day advance notice of blackout periods during which they can’t make transactions. The rules took effect on January 26, 2003.

E-Alerts: Employee Uniforms: Big Clothing Retailers Hit with Wage and Hour Lawsuits Over Dress Requirements

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 19, 2015

In an earlier article, we reported on a lawsuit filed by employees of fashion retailer Polo Ralph Lauren charging that the employer violated wage and hour rules by requiring them to spend their own money on the company’s clothing to wear on the job. Now two other high-profile retailers—Gap Inc. and Abercrombie & Fitch—have been […]

E-Alerts: Sexual Orientation Bias: $11 Million Verdict for Gay Manager of Upscale Hotel

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

A jury in Manhattan, New York, has awarded $11.2 million to the former general manager of Leona Helmsley’s luxury Park Lane Hotel. The worker claimed he was fired because his is gay. Former manager Charles Bell charged that Helmsley embarked on a campaign of harassment against him—and ultimately discharged him after just four months on […]

Ergonomics: CAL/OSHA Considering Petition To Alter Ergonomics Rule

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

On February 20, 2003, the California Occupational Safety and Health Standards Board held a public meeting to consider a petition filed by the California Labor Federation to alter the requirements of the state’s ergonomic rule. At the meeting, the standards board voted to convene an advisory committee to consider the petition, which seeks to drop […]

E-Alerts: Family and Medical Leave: No Leave Time for Mother Whose Son Was Abused by Caregiver

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Stacey Detels, a claims representative for Farmers Insurance Exchange, took several weeks off of work after learning her toddler son’s caregiver may have been physically abusing him. Detels took her son to two health care providers to evaluate him, but the providers found no need for any treatment. Detels claimed that when she returned to […]

E-Alerts: Workers’ Compensation: Fraudulent Concealment Claim Dismissed; Worker Knew of Injury Before Employer Did

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 18, 2015

Darcy Jensen, a module team builder for Amgen Inc., filed a workers’ comp claim as a result of health problems that she believed stemmed from exposure to laboratory animals. Several months later, the company discovered mold in the building where Jensen had worked. Jensen eventually sued Amgen under an exception to the workers’ compensation system […]

E-Alerts: Wage and Hour: Minimum Wage Increase Petition Under Consideration; New Wage Order Guide Available Online

By Jennifer Carsen Feb 1, 2003 HR Management & Compliance

Updated: May 19, 2015

Last month, the Industrial Welfare Commission rejected a labor-backed petition to increase the state minimum wage, currently at $6.75 per hour. The California Labor Federation reintroduced the petition for IWC consideration at a February 21, 2003 public meeting. But the IWC has once again rejected the petition.