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The U.S. Supreme Court has handed down a ruling that permits the federal Equal Employment Opportunity Commission to sue you for job discrimination, even if the employee has signed a mandatory arbitration agreement. We’ll explain this new ruling and its impact.
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 […]
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 […]
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 […]
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 […]
California courts have repeatedly refused to enforce noncompete agreements. Now, a new California appeals court decision upholding a whopping $1,080,000 punitive damages award shows the high price you can pay for firing an employee who won’t sign a noncompete agreement.
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 […]
We recently reported on a new federal Ninth Circuit ruling that you can be liable if a client sexually harasses an employee and you don’t take adequate steps to remedy the problem. Now, for the first time, a California jury has weighed in on harassment by non-employees, and the case has a different twist. The […]
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+ […]
A new law—S.B. 486—that’s aimed at increasing worker and customer safety in wholesale or retail warehouse establishments requires that if such businesses store merchandise on shelves higher than 12 feet above the sales floor, they must secure it from falling. Security methods could include safety rails, netting, security cables, shrink-wrapping pallets or tying items together. […]