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Affirmative Action: Government Clarifies New Federal Contractor Audit Rules

If you contract with the federal government to sell or buy goods or services, you may be covered by detailed affirmative action and non-discrimination rules that are enforced by the Office of Federal Contract Compliance Programs (OFCCP). If so, you’re required to retain a broad array of employment records, and the OFCCP can audit your […]

Preventing Equal Pay Problems—Part 1: Why Employee Fired After Salary Complaint Won Over $1 Million

Most employers are familiar with the basic concept of equal pay for equal work. But it’s critical to understand the details of the rules because you can be liable for hefty damages and penalties if you make a mistake. In Part 1 of our series on preventing equal pay problems, we’ll explain what your obligations […]

News Notes: Court Affirms Religious Employers Are Exempt From Bias Laws

The California Supreme Court has clarified that nonprofit, religious entities may be exempt from state anti-discrimination laws regardless of how they are incorporated. A nurse at Mercy Healthcare Sacramento sued the hospital for sex and race bias after she was passed up for a promotion. Mercy asked to have the case thrown out, relying on […]

News Notes: Time Warner Sued Over Benefits For Contingent Workers

The Labor Department has sued Time Warner, Inc., charging that hundreds of workers classified as temporary employees or independent contractors are entitled to retroactive health and pension benefits. Time Warner allegedly classified workers as temporary even after they had worked long enough to be considered regular employees under company guidelines. The government also accuses the […]

ADA Accommodations: New Ruling Clarifies Employee And Employer Obligations, Protects Seniority Systems

Most employers know they need to seek a reasonable accommodation for disabled workers who are otherwise qualified to perform their jobs. But applying this rule to real-life situations can be complicated. What if an employee wants an accommodation that would require you to make an exception to your established seniority system? And how far do […]

Leased And Temporary Workers: Why You Could Be On The Hook For Unintended Benefits; Action To Take Now

Supplementing your regular workforce with staff provided by an employee leasing company has become an increasingly popular way to keep administrative and benefit costs down and maintain labor flexibility. Many who use leased workers and long-term agency temps consider themselves immune from the risky misclassification problems that have plagued employers who use independent contractors. But […]

News Notes: Workers Lose Wage-and-Hour Retaliation Lawsuit

Six former ticket sales employees of the Seattle SuperSonics won more than $13 million in damages last year after being fired for complaining about overtime violations and retaliation. But now, the Ninth Circuit Court of Appeal, which covers California, has thrown out the retaliation claims. The court said the workers could not sue for retaliation […]

News Notes: Delayed Harassment Claim Thrown Out

In one of the first sexual harassment decisions in California since the U.S. Supreme Court issued new guidelines this summer (see CEA August 1998), an employee who waited almost two years before complaining about being harassed has had her case dismissed. The federal court found the employer had exercised reasonable care to prevent and remedy […]

News Notes: Court Nixes Rehab Benefits For Undocumented Worker

An undocumented employee who was injured on the job has had her request for rehabilitation benefits thrown out by the California Court of Appeal. Margalese Ortega-Ruiz injured her back while working at a Jack-in-the-Box restaurant in Santa Monica. After she filed a workers’ comp claim and requested vocational rehabilitation benefits, the restaurant discovered she wasn’t […]

Managing The Workplace: Court Clarifies When You’re Protected From Being Personally Sued For Termination Decisions

If an employee is “at-will,” it usually means you can discharge the person at any time for any lawful, non-discriminatory reason. But what if a manager is motivated by improper, though not illegal, personal concerns when recommending an employee be fired? In a new decision, the California Court of Appeal has ruled that as long […]