Author: Jennifer Carsen

Age Bias: Bank Manager’s Careless Remarks Lead To $430,000 Judgment For Laid-Off Worker

Bank of America recently learned the perils of terminating workers over age 40. One of its managers offhandedly suggested that a laid-off older employee retire, then later promised to help her get an interview for another bank job. However, he never followed through. Unfortunately for the bank, a jury believed that these incidents, along with […]

Sex Discrimination: Employer To Pay High Price For Glass Ceiling

In recent years, government agencies and female employees alike have increasingly focused on shattering the corporate glass ceiling. Now, a new California Court of Appeal decision demonstrates that failing to review your promotion practices before a gender-bias complaint surfaces can be an expensive mistake.

Wage And Hour: Department Of Labor Says Retroactive Overtime Calculations Required When Stock Options Exercised

In an advisory opinion that could give employers headaches, the U.S. Department of Labor says you may have to include stock option profits in an hourly worker’s base pay and retroactively calculate their overtime using the new pay rate. Although it’s unclear just how far-reaching this opinion will be, it raises some complicated issues that […]

News Flash: Worker Sues Employer For Failing To Set Up A “Green” 401(k) Plan

A senior programmer who was fired allegedly because he complained about his employer’s 401(k) investment options has filed a religious discrimination lawsuit. James Salsman, a former employee of Veritas Software in MountainView, claimed it would violate his Quaker beliefs if his money were invested in businesses that produce weapons. Veritas’ retirement plan limited employees to investing […]

News Flash: Store Managers Win Multimillion-Dollar Overtime Settlement

Mervyn’s California has agreed to shell out $7.3 million to resolve overtime claims brought by 1,600 store managers who charged they were improperly classified as exempt from overtime. The managers contend they spent most of their time stocking shelves and performing other nonmanagerial duties. Mervyn’s previously agreed to pay $4 million to settle similar lawsuits […]

News Flash: Employer Jailed Following Investigation Of Pension Plan

Russell Crawford, the former owner of Valley Building Materials in Canoga Park, was ordered to spend six months in jail plus 10 months of home confinement for embezzling more than $700,000 from employee pension plans. Following a joint investigation by the U.S. Department of Labor and the FBI, Crawford reportedly admitted draining the company’s profit […]

News Notes: Need To Relocate Child Doesn’t Qualify For Family And Medical Leave

The Ninth Circuit Court of Appeal ruled that time spent moving a family member because of concern for the person’s well-being does not fall under the family and medical leave laws. Fe Castro Marchisheck submitted an emergency request for time off from her medical technician job at San Mateo General Hospital so she could take […]

News Notes: Roundup Of Recent U.S. Supreme Court Action

In a flurry of employment-related activity, the high court ruled that state employees can’t sue for age discrimination under federal law, although they can still file suit under state law. Plus, the court upheld the following important decisions: the landmark Ninth Circuit Court of Appeal ruling that said Microsoft improperly treated temporary employees as independent […]

News Notes: Alternative Workweek Reporting Requirements Announced

The Industrial Welfare Commission has clarified how to report alternative workweek election results under California’s new overtime law. Within 30 days of the election, you should send in your company name, the date of the election, the final election counts, the alternative workweek schedule adopted or repealed, and a statement of compliance. This statement can […]