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News Notes: Positive Workplace Drug Tests Drop To 10-Year Low

The most recent drug testing survey published by SmithKline Beecham Clinical Laboratories indicates the number of workers who test positive for drug use is at an all-time low. Only 5.8% of more than 4 million workplace drug tests the company performed in 1996 were positive, a 13% decline from 1995. Of special interest to California […]

News Notes: Mervyn’s Sued For $111 Million For Unpaid Overtime

Employees who work at Mervyn’s Department Store have filed two lawsuits accusing the retail chain of coercing them into working up to 80 hours a week without overtime. One lawsuit, filed on behalf of 1,300 hourly “team coordinators,” claims they were forced to work “off the clock” through lunch and breaks and were not paid […]

Avoiding Defamation Suits: Use Caution When Discussing Ex-Employee Turned Competitor-A 4-Point Checklist

  Have you ever fired an employee and then worried that he would join a competitor and “bad mouth” your organization to important customers or vendors? One employer in that situation went a little too far in trying to control the damage to its reputation-and found itself ordered to pay the former employee $1 million […]

Wage and Hour: Not Paying for “Off-The-Clock” Work Lands Employers In Hot Water; When You Do-And Don’t-Have To Pay

It’s obvious you have to pay employees for all the hours they spend doing their job. But violations of this rule by employers are common, and they can be very expensive. A few years back, for example, Nordstrom had to set aside millions of dollars to settle a class action lawsuit charging numerous “off-the-clock” violations. […]

Hostile Environment: How Mishandling A Harassment Complaint Cost One Employer $894,000

  In April, we reported how a savvy employer successfully defended itself against a wrongful termination claim by conducting a thorough investigation and review of the facts before making the decision to terminate. This month, we look at a case in which an employer had ample opportunities to protect an employee from harassment but didn’t-because […]

Pension Plans: Billion Dollar Surplus Nightmare For Employer; How To Stay Legal

  If you have a defined benefit pension plan for your employees, thanks to stock market gains it may contain more money than you’ll need to pay out in benefits. But be careful before you use this “extra” money. One employer recently found there are strict rules about what you can and can’t do with […]

Disability Discrimination: Court Says Look For Alternative Jobs, Even If Workers Don’t Ask; How To Avoid Accommodation Traps

Your obligation to accommodate disabled workers may be much broader than you think. According to a new California Court of Appeal ruling, if one of your employees becomes disabled and can’t perform their job, you must suggest possible reasonable accommodations-even if the employee doesn’t ask for your assistance. What’s more, you might be required to […]

Workplace Scheduling: Daily Overtime Scrapped; Other Revolutionary Changes May Be On The Way

Major changes are in the pipeline that could dramatically alter how California works. First, in a historic development, daily overtime for most workers may be eliminated. And other proposals are under consideration on such important issues as comp time, alternative workweeks and family leave. Here are the details, along with how they might affect you.

News Notes: Incomplete Summary Plan Descriptions Can Be Costly

Auto parts manufacturer Kelsey-Hayes Co. gave employees a summary plan description of their employee benefits plan stating that health insurance would continue at no cost when they retired. The summary didn’t mention the company had the right to modify or terminate benefits, even though the master health care plan paperwork did. Later, when Kelsey-Hayes informed […]