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Medical Marijuana: Fired Employee Files First Challenge To New Law

In January, we reported on the impact California’s Proposition 215, the Medical Marijuana Initiative, will have on the workplace. Prop. 215 allows marijuana use if it is recommended, orally or in writing, by a physician. But there are many unanswered questions, including when the use of medical marijuana can be grounds for termination and how […]

Investigating And Terminating Employees: How One Employer Did It Right

Every time you fire someone, you run the risk of being sued. But your chances of getting hit with a big jury verdict or a hefty legal bill defending yourself can be drastically reduced with proper planning. That’s what one employer found when, because it carefully laid the groundwork to dismiss an employee accused of […]

Racial Harassment: Employer Ordered To Pay $1.9 Million; Why Teasing Even Among “Friends” Can Land You In Court

Good-natured banter is part of the normal work environment. But when the teasing takes on racial or sexual overtones, you can be sued for millions of dollars-even if everyone laughingly participates in the give-and-take. That’s what happened to a Los Angeles employer who failed to intervene when kidding crossed the line and became illegal workplace […]

News Notes: Court To Review Microsoft Independent Contractor Case

Late last year, software giant Microsoft Corp. was ordered by a federal Court of Appeal to extend retroactive pension and stock purchase benefits-potentially worth millions of dollars-to employees improperly classified as independent contractors. (See CEA November 1996.) But now, the court says it will reconsider its decision-a potentially positive signal for Microsoft. A change in […]

News Notes: Help On New Health Insurance Laws Available

Several federal laws affecting employee health benefits were added last year, including the Health Insurance Portability Act, the Mental Health Parity Act and the Newborns’ and Mothers’ Health Protection Act. To help clear the confusion about these complex regulations, the U.S. Department of Labor has issued a booklet that answers some of the most common […]

News Notes: Race Discrimination Claim Upheld, Damages Reduced

In 1994, we reported on the case of a black engineer and his supervisor who sued Hughes Aircraft. The engineer claimed he was denied promotions and raises because of his race. His supervisor charged that managers pressured him to fabricate negative performance reviews about the engineer, and when he refused to comply, turned him down […]

News Notes: Insurance Commissioner Seizes Workers’ Comp Insurer

The state Insurance Commissioner has taken over control of Golden Eagle Insurance Co., California’s third largest workers’ compensation carrier. The action grew out of concerns about Golden Eagle’s financial solvency. The Insurance Commissioner is optimistic that several insurers will join together to operate Golden Eagle’s business through a new company, San Diego Casualty Insurance Co. […]

Electronic Surveillance Update: When and How to Use Workplace Monitoring Devices Without Getting Sued

Employers are increasingly using surveillance devices to combat theft and drug abuse and improve overall security at work. But you could find yourself in serious trouble under federal and state laws if you’re not careful. We’ll look at two recent cases that focus on some complex issues involved in workplace surveillance.