Author: Jennifer Carsen

Age Discrimination: New Case Examines Whether You Can Deny Older Workers Educational Assistance Benefits; Preventive Measures To Take

Suppose an employee in their 50s or 60s wants to take advantage of your employee educational assistance program. You may be reluctant to shell out thousands of dollars to educate a worker who’s close to retirement. One employer that faced this situation recently got slapped with an age discrimination lawsuit when an older worker’s request […]

Recruiting Employees: Court Refuses To Enforce Out-Of-State Non-Compete Agreement; Practical Strategies

In California, most agreements that restrict employees from competing with former employers are illegal and California courts won’t enforce them. But what if you want to hire someone who signed a non-compete provision with an employer in another state that does recognize these agreements? A California Court of Appeal has confirmed that California employers aren’t […]

Who’s Entitled To Overtime: New Case Examines Duties That Qualify For Administrative Exemption; 4-Point Compliance Checklist

Figuring out whether an administrative employee is exempt from overtime can be a challenge. But as a recent California Court of Appeal ruling highlights, the consequences for misclassifying employees can be staggering. We’ll provide guidelines you can use to help ensure that your workers are classified correctly.

Equal Pay: New Case Looks At When Jobs Do—And Don’t—Require The Same Compensation

Equal pay for equal work is a hot issue. And disputes over whether a female employee is entitled to receive the same compensation as a male co-worker typically focus on whether they perform substantially similar work. Now a new case involving a human resources administrator provides a practical look at some factors courts weigh when […]

News Notes: Injury And Illness Rates Continue To Decline

California’s workplace injury and illness rates continued to drop in 1999 despite record high employment, according to recent data compiled by the state Division of Labor Statistics and Research. Mirroring a national downward trend, California’s injury rate fell to 6.3 injuries per 100 full-time employees—down from 6.7 in 1998—the lowest rate ever in the 29 […]

News Notes: Staff Attorneys Sue EEOC For Age Bias

The Equal Employment Opportunity Commission, the agency charged with enforcing federal anti-discrimination laws, has been sued for age bias by three of its former staff attorneys in Atlanta. Maureen Malone, 56, and William Outlaw, 62, claim they were forced into retirement after being given a choice of transferring to other offices or being terminated. And […]

News Notes: Worker Can Sue Employer Who Said He’d Go To Hell

Del Erdmann said he quit his job as assistant director of nursing at Miguel Villa after owner/supervisor Velda Pierce repeatedly told him he would go to hell if he didn’t become a heterosexual and join the Mormon Church. Now a federal court in San Francisco has given Erdmann the green light to sue Miguel Villa […]

News Notes: Wage Violations Cost Taco Bell Millions

About 1,300 former Taco Bell workers have won a lawsuit in Oregon that charged that supervisors doctored employee time cards in order to meet productivity goals and earn bonuses. Taco Bell supervisors allegedly admitted that they were pressured by senior managers to shave hours off time cards. Paul Breed, an attorney for the workers, has […]

Religious Discrimination: Religious-Affiliated Employer Liable For Firing Worker Who Was Saving Souls On Company Time; Guidelines To Follow

Employers affiliated with a religion generally aren’t subject to the state Fair Employment and Housing Act, California’s anti-discrimination law. But in a new case, a California Court of Appeal allowed a worker to make an end run around the statute and sue an employer who was exempt from the FEHA for religious discrimination. We’ll explain […]

Arbitration: High Court Says Employers Can Require Workers To Arbitrate Employment Disputes; Make Sure Your Agreements Will Hold Up

State and federal courts have grappled for years with the question of whether employers can compel workers to submit their employment disputes to arbitration. Now, in a major victory for employers, the U.S. Supreme Court has cleared up the confusion, giving employers the go-ahead to use mandatory arbitration agreements. The high court decision, coupled with […]