Archives

E-Alert Item: Employer Must Pay Attorneys’ Fees In Bias Lawsuit, Even Though Settlement Offer More Generous Than Jury Award

Willie Greene sued his employer Dillingham Construction N.A. Inc. for racial harassment under the California Fair Employment and Housing Act. A jury awarded Greene $490,000 in emotional distress damages, and the trial court ordered Dillingham Construction to pay an additional $1,025,794 in attorneys’ fees. The company appealed the fee award, arguing that it shouldn’t have […]

Workers’ Compensation: No Benefits Available For Psychiatric Injury Stemming From Demotion; Why It’s Critical To Make Personnel Decisions In Good Faith

As layoffs occur nationwide, employers are grappling with how to calm employees’ nerves. But giving an employee false reassurances about job security only to later demote or lay off the person could lead to a costly workers’ compensation claim for stress. A new California Court of Appeal ruling illustrates that acting in good faith shields […]

Wrongful Termination: Employee Fired For Discussing Bonuses Gets Green Light To Sue; Why You Can’t Forbid Workers From Talking About Their Pay

Salary discussions in the workplace can lead employees to question why they don’t earn as much as their co-workers. This is especially a concern when bonus talk takes place. To avoid these issues, many employers attempt to limit conversations among co-workers about pay. But such restrictions can leave you at risk of a lawsuit, as […]

Preventing Violence In The Workplace: Employee Punched By Co-Worker Wins $2.5 Million Verdict; Take Action Now

If two employees get into a scuffle at work and one is hurt, you might assume that the injured employee’s only recourse against you is to file a workers’ compensation claim. But a San Diego jury’s staggering verdict demonstrates that if you don’t respond appropriately to an altercation, you could find yourself on the losing […]

Union Activity: NLRB Rules That Employee Was Unfairly Disciplined For Pro-Union Screen Saver; Don’t Target Union Messages

Whether employers like it or not, most employees use their office computers for a lot more than work—they send e-mail to friends, shop in online stores and personalize their computer screens with customized wallpaper and screen savers. It’s largely up to an employer to decide how much freedom to give employees in these areas. But […]

News Notes: Free Guide To New Privacy Law

Last year, Gov. Davis signed new privacy legislation, S.B. 168, that prohibits California businesses from printing Social Security numbers on ID cards or badges and from requiring people to use a Social Security number to log onto a website without a password. To help businesses implement the new law, which took effect July 1, 2002, […]

News Notes: NLRB Removes Union Protection In Company Takeovers

The National Labor Relations Board has overturned one of its prior rulings that gave unions some protection from challenge when a nonunionized employer acquires a unionized company. Under the previous rule, unions could bargain with the new, nonunion employer free from challenge for a reasonable length of time after the takeover. Now, the NLRB has […]

News Notes: Governor Creates Labor And Workforce Development Agency

Gov. Gray Davis has announced the consolidation of several state departments into the new Labor and Workforce Development Agency. The agency contains the Department of Industrial Relations, the Employment Development Department, the Workforce Investment Board and the Agricultural Labor Relations Board. “Working within existing resources, the new agency will result in improved access to employment […]