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Terminating Employees: You Can Refuse To Provide COBRA Benefits To An Employee Fired For Gross Misconduct

Under federal law, employers with 20 or more employees must offer continued health plan benefits, at the workers’ expense, for a period of time after employment ends. And in California, employers with fewer than 20 employees must also do so. However, under both federal and state regulations, you don’t have to offer this COBRA coverage […]

News Notes: Contractor Responsibility Rule Revoked

The Bush administration has thrown out a Clinton-era rule governing contractor responsibility. The rule had banned the award of federal government contracts to businesses that had criminal or civil violations of federal labor and employment, safety, environmental, tax, antitrust or consumer protection laws in the preceding three years. Enforcement of the rule—which the business community […]

Sexual Harassment: Court Says Employers Are Automatically Liable For Supervisor Harassment In California; Preventive Measures More Important Than Ever

Although the California Fair Employment and Housing Act is modeled on federal anti-discrimination laws, the state law is often more protective of employee rights. A California Court of Appeal has now ruled that when it comes to employer liability for sexual harassment by a supervisor, the state statute is stronger—and you can’t take advantage of […]

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+ […]