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The U.S. Department of Labor has launched http://www.disabilityinfo.gov/, a new online resource to promote disability awareness. The site is a collaborative effort across multiple federal agencies and includes information on employment, health care and other topics. It contains a resource section for employers, with guidance on legal responsibilities regarding disabled employees and applicants and links to […]
When a collective bargaining agreement expires, and the union and management haven’t negotiated a new one, an employer must maintain the status quo. This means the employer can’t impose unilateral changes on issues that are considered “mandatory subjects of bargaining,” until a new contract is negotiated or the parties have bargained to impasse. Applying this […]
The federal Department of Labor has found that Sun Microsystems in Santa Clara failed to comply with a rule requiring posting notices regarding hiring workers under the H-1B visa program. The DOL has now ordered Sun to display the notices, but hasn’t assessed any penalties or fines because it found that the posting violations weren’t […]
Several African-American employees at the Naval Aviation Depot North Island in San Diego sued their employer, claiming that African-American employees at the NADNI were denied promotions over a several-year period. The Ninth Circuit said the employees couldn’t sue over many of the promotions because the employees had failed to file complaints about those promotions within […]
According to a new report from the federal General Accounting Office, employer surveillance of employees’ Internet, e-mail or other computer activities doesn’t appear to have changed since the terrorist attacks of September 11, 2001. The study involved interviews with executives at 14 Fortune 100 companies. While all of the companies stored employee e-mail […]
Melissa O’Harra, an Intel employee in Folsom, has filed a class action lawsuit claiming the company misclassified her and more than 3,500 other employees as exempt from overtime. O’Harra has worked for Intel for three years in various positions, including as a business analyst and systems analyst, and in team and project lead positions. However, […]
The nation’s high court has heard arguments in a case that questions whether railroad employees with the lung disease asbestosis can sue their employer for damages based on a fear of developing cancer from exposure to asbestos—even if the employees don’t have cancer or any symptoms of it. The lawsuit was brought by six retired […]
Wary of today’s uncertain economy, many employers are cutting their workforces, and many employees who think they could be laid off next are jumping ship for new jobs. Last month, we focused on the legal and personnel issues that employers should address when planning and carrying out layoffs. This month, we’ve put together a comprehensive […]
Overturning an earlier controversial decision, the federal Ninth Circuit Court of Appeals has handed down a major new ruling that strengthens your right to require job applicants to sign mandatory arbitration agreements as a condition of employment.
As the economy continues to slide, some employers try almost anything in a struggle to avoid closing up shop. But if a shutdown or bankruptcy does occur, they risk not being able to cut final paychecks. Now a new and timely opinion letter from the California Department of Labor Standards Enforcement, the Labor Commissioner’s enforcement […]