Author: Jennifer Carsen

Exempt Employees: Court Clarifies That Employers Have No Recourse To Correct Errors If They Have An Actual Practice Of Pay Docking

Docking an exempt employee’s salary is fraught with risk. If your policy is to dock for disciplinary infractions or you improperly dock on a consistent basis, you lose the opportunity to correct illegal deductions—and run the risk of forfeiting exempt status for all workers covered by the policy. A new Ninth Circuit Court of Appeals […]

Accommodating Disabilities: Employer Hit With Punitive Damages For Firing Supervisor Who Accommodated Epileptic Employee

Kevin Terry, a customer service representative at a Time Warner Entertainment Company office in Fayetteville, Ark., suffered from nocturnal epileptic seizures. His supervisor, Jane Foster, accommodated his condition by allowing him to arrive after the usual starting time and stay later in the evening to make up the missed time. But when angry co-workers complained […]

Managing The Workplace: What To Do When Employee Religious Beliefs And Free Speech Clash With Diversity Efforts

Many employers try to combat workplace bias with diversity programs that emphasize company commitment to respecting differences, such as sexual orientation. But suppose an employee refuses to participate in a diversity training program, citing religious or political beliefs. Can you discipline the worker? In a recent case, an employer faced just this situation. We’ll provide […]

Public Employee Whistleblowers: Court OKs Lawsuit By Firefighter Terminated After Reporting Pornography On Station Computers

Whistleblowers have become increasingly common in the American workplace. These employees feel compelled to expose situations they consider wrong. And they risk being ostracized at work, or worse—being fired. A recent federal court decision affecting California once again underscores that both public and private employers should take the proper steps to avoid both liability and […]

Workers’ Compensation: When You Could Be Liable For Injuries During An Employee’s Commute

San Diego police officer Stephen Molnar was subpoenaed to testify in court on a work-related matter on a day he wasn’t scheduled to report for duty. While driving his personal car from home to the courthouse, he was injured in an automobile accident. Molnar filed a workers’ compensation claim, which was ultimately denied. We’ll explain […]

News Notes: Communications With EAP Counselors Are Privileged

Oksana Oleszko sued her employer, State Compensation Insurance Fund, for sexual harassment, racial and national-origin discrimination and retaliation. To help prove her claims, Oleszko asked the court to force State Fund to reveal communications between co-workers and unlicensed counselors in its employee assistance program. State Fund balked, saying disclosure would discourage employees from seeking needed […]

Nonsolicitation Agreements: Employer Who Sued To Enforce Agreement Ordered To Pay $1.3 Million To Former Employees

Flair Communications Agency in San Francisco asked for an injunction against three former employees, claiming they violated a nonsolicitation and trade secrets agreement by stealing the agency’s clients and setting up a rival promotional agency. Flair also sought $1.3 million in damages. But the tables were turned when the court denied the injunction—and instead awarded […]

News Notes: Supreme Court Rules On Damages Attorneys’ Fees

In a series of recent rulings, the U.S. Supreme Court has clarified limits on the damages claimants can recover in employment discrimination cases and other lawsuits. The court paved the way for bigger verdicts by ruling that “front pay”—which compensates a victim of workplace harassment or bias until they find another comparable job—isn’t subject to […]

News Notes: Court Upholds San Francisco Domestic Partner Law

The Ninth Circuit Court of Appeals has upheld San Francisco’s landmark domestic partner benefits ordinance, which requires that companies doing business with the city must offer equal benefits to domestic partners and married spouses of employees. The court rejected a constitutional challenge by an Ohio company whose bid for a contract with the city was […]