Author: HR Daily Advisor Staff

News Notes: New Disability Bias Law Is Not Retroactive

Changes to California’s disability bias laws, which took effect Jan. 1, 2001, broadened the class of disabled persons to include those with conditions that make a major life activity “difficult.” This new definition of a disability is a more lenient standard than the “substantial limitation” of a major life activity that was previously required under […]

News Notes: Largest Ever Gender Bias Suit Files Against Wal-Mart

Wal-Mart is facing what could be the largest discrimination lawsuit ever brought against a private U.S. employer. Six female employees of Wal-Mart have filed a lawsuit in federal court in San Francisco charging the retailing giant with widespread discrimination against women. They are asking that the case be certified as a class action on behalf […]

News Notes: Court Considers Empoyee Eligibility For Calipers Benefits

A California Court of Appeal is currently reviewing an important ruling by a lower court affecting eligibility of state contract workers to receive CalPERS benefits. Employees of the Metropolitan Water District of Southern California brought a class action lawsuit contending that agencies bound by the Public Employees’ Retirement Law must enroll all employees for CalPERS […]

Exempt Employees: Labor Commissioner Won’t Follow Federal Docking Rules, Issues Strict New California Standard

Under federal wage and hour law, employees must be paid a predetermined salary to qualify as exempt from overtime. And there are strict guidelines on when salary docking can jeopardize exempt status. When overhauling state wage and hour laws in 2000 with the passage of A.B. 60, California for the first time adopted similar salary […]

Employer Fraud: Big Verdict For Employee Who Was Enticed Into Relocating And Then Terminated For Complaining About Alleged Unfair Business Practices

It’s illegal in California to induce someone to relocate to take a job based on misrepresentations about the position. This situation typically arises when an applicant moves to a new city for a job that doesn’t work out and then claims the employer made false promises about the opportunity. Now, in a new twist, an […]

Americans With Disabilities Act: Court Upholds $237,000 Verdict For Employee Who Was Forced To Resign; Why You Can’t Require Full Medical Releases

State and federal courts have made it clear that when an employee is disabled but wants to work, you must go the extra mile to determine whether you can offer a reasonable accommodation. This point was driven home again recently when the Ninth Circuit Court of Appeals upheld a large verdict for an injured employee […]

Employee Leaves Of Absence: A Simple Explanation Of FMLA Requirements For Managers

Figuring out your obligations under the Family and Medical Leave Act can be tricky. But you can make compliance easier by educating your managers about the law’s basic requirements and some special rules under the California Family Rights Act. Here’s a checklist of basic facts and practical tips to help supervisors avoid the most common […]

Workplace Stress On The Rise: The Top 10 Cures

Workplace stress plagues the American workforce. Recent surveys suggest that 40% of workers find their jobs to be “very stressful” and 26% are often burned out by them. The economy’s recent downturn makes matters even worse: workers may feel a need to prove their value at the same time that supervisors are being forced to […]

News Notes: FMLA Leave Did Not Affect Employee’s Exempt Status

Doris Rowe, an exempt supervisor at Laidlaw Transit Inc., was restricted to part-time work after suffering an on-the-job injury. Laidlaw paid her by the hour while she was on the reduced schedule and resumed paying her salary when she returned to work full time. Rowe sued Laidlaw for back overtime, arguing that by paying her […]