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Harassment: Court Says Employer Doesn’t Take Fall When Client Harasses Worker, But Caution Still Required

Suppose a nightclub waitress complains to her employer that male customers often grope her. Her employer ignores her reports, turning a blind eye to the customers’ actions. Can the waitress sue the employer for workplace harassment? A California Court of Appeal recently faced this issue and—in a controversial opinion that may not hold up—has decided […]

Employee Benefits: New Rules Require Notice Of Retirement Plan Blackout Periods

The U.S. Labor Department’s Pension and Welfare Benefits Administration has published rules to implement a new federal law”the Sarbanes-Oxley Act”; that, among other things, requires 401(k)-type plans to give participants 30 days’ advance notice of individual retirement plan blackout periods. The rules apply to blackout periods occurring on or after Jan. 26, 2003. We’ll explain […]

Sexual Harassment: Art School Employee Depicted In Sexually Explicit Drawing Wasn’t Illegally Harassed

You take precautions to prevent workplace harassment by providing employees with up-to-date harassment policies, by training management on how to prevent harassment and by setting up an avenue for complaints. When an employee reports an instance of inappropriate behavior, you promptly investigate and respond following set procedures. But then an employee sues you, claiming a […]

Employee Leasing, Part 2: How To Avoid Getting Burned; An 8-Point Checklist

The employee leasing business is booming, and many employers are lured by its promises of reduced administrative headaches and improved employee benefits. But, as we discussed last month in Part 1 of our special two-part series on employee leasing, signing up with an employee leasing company can also bring some unexpected financial and legal risks. […]

Family And Medical Leave: Employer Can’t Reduce “Stay Bonus” Because of Family Leave; Avoid Bonus Traps

Suppose your company is undergoing a merger, and employees are offered a bonus for promising to stay on for a certain period of time—perhaps three or six months—during the rocky transition period. Do you have to pay the full bonus to an employee who goes out on family leave for some of that period? A […]

News Notes: Court Applies Reasonableness Standard For Adverse Employment Actions

Francisco Vasquez, a Los Angeles County probation officer, sued the county for discrimination and retaliation after he was involuntarily transferred and a warning letter was placed in his personnel file. The federal Ninth Circuit threw out Vasquez’s lawsuit, however, finding neither act was an adverse employment action. The transfer wasn’t adverse simply because Vasquez preferred […]

Employee Uniforms: Fashion Giant Hit With Lawsuit Over Dress Requirements; What’s Permitted–And What’s Not

Current and former employees of Polo Ralph Lauren have filed suit in San Francisco against the fashion retailer. Their claim? That the employer violated state wage and hour rules by requiring them to spend thousands of dollars a year on the company’s clothing to wear on the job. The lawsuit is causing heads to turn […]

Workplace Legislation: Last-Minute Bill Signing Impact Employers

As the enactment deadline for the 2001-2002 state legislative session came down to the wire, Gov. Davis signed a variety of important employment-related bills into law. We’ll provide a complete rundown of all the new measures in a Special Report next month. But here’s a look at some of the more significant new laws, which […]

News Notes: Workers’ Compensation Hike On The Way

The state Insurance Commissioner has recommended a 10.5% increase in the pure premium rates for workers’ compensation insurance as of Jan. 1, 2003. The Workers’ Compensation Insurance Rating Bureau had requested a 13.4% increase, but the commissioner questioned some of the bureau’s future cost estimates.