Archives

Disability Discrimination: Blanket Refusal To Rehire Discharged Employees Violates ADA; Would Your Rehire Policy Pass Muster?

Suppose a former employee applies for a position with your company. You check their personnel record and discover the person was terminated. Following standard company procedure not to rehire previously discharged employees, you reject the person’s application outright.But the applicant turns around and sues you under the federal Americans with Disabilities Act, claiming you really […]

Religious Accommodations: New Decision Says Accommodating Trucker’s Religious Beliefs Against Working Alongside Women Involved Undue Hardship

David Virts was an “over-the-road” truck driver at Consolidated Freightways Corp.’s Nashville, Tenn., terminal. Virts refused to go on overnight “sleeper runs” with female drivers because it would violate his religious beliefs. Now a federal appeals court has ruled that the trucking company wasn’t required to accommodate Virts because it would have been an undue […]

Personal Liability Of Supervisors: New Ruling Leaves Supervisors Vulnerable To Retaliation Suits; Get The Word Out

The question of who can be sued for work-related actions has become a hot topic in recent years. The California Supreme Court clarified that supervisors couldn’t be held individually responsible for workplace discrimination claims. But the California Legislature recently said any employee can be sued for harassment.

News Notes: Compensation Social Security Taxes

The Internal Revenue Service has postponed indefinitely a plan to begin collecting Social Security taxes on two types of stock options. Industry groups had complained that the proposed 15.3% tax would be detrimental to incentive stock options and employee stock purchase plans. The payroll taxes, which fund Social Security and Medicare, would be divided between […]

News Notes: Workers’ Comp Rates Headed Up Again

The California Department of Insurance has approved a 10.1% hike in the average workers’ compensation pure premium rates. The increase takes effect July 1, 2002, and follows on the heels of a 10.2% increase that took effect in January 2002. Although the pure premium rate is only advisory and insurers aren’t required to follow the […]

News Notes: Labor Commissioner Clarifies Wage Protection For Undocumented Workers

Seeking to clear up confusion arising from the Supreme Court’s recent ruling that undocumented workers who are victims of unfair labor practices aren’t entitled to recover back pay, the California Department of Industrial Relations has released a statement clarifying its wage enforcement policy. The department’s position is that all California workers—whether or not they’re legally […]

News Notes: Few Employers Comply With Little-Known Parking Cash-Out Law

Under an obscure law, certain employers that provide free parking must give cash to workers who don’t drive to work. The law applies to employers with 50 or more employees who are located in an area that violates air quality standards and who subsidize employee parking spaces the employer doesn’t own. But a new study […]