Author: Jennifer Carsen

News Notes: Court OKs Tax Deduction For Employer-Provided Meals

Employers who provide on-site meals to certain workers have been given a break by the federal Ninth Circuit Court of Appeal. Boyd Gaming Corp., which owns casinos in Nevada, offered workers free meals in an on-site cafeteria because it required them for security reasons to remain on the premises for their entire shift. But when […]

Americans With Disabilities Act: Historic Supreme Court Ruling Limits Liability For ‘Correctable’ Disabilities

A number of cases in recent years have raised the thorny issue of whether the Americans With Disabilities Act protects workers whose disabilities don’t necessarily affect them at work because they take medication or use corrective devices. Now, in a trio of important new decisions, the U.S. Supreme Court has overturned the Equal Employment Opportunity […]

News Notes: Waitresses Awarded Over $2 Million For Harassment And Retaliation

A Southern California jury has ordered an employer to pay $2,331,319 to two waitresses who said they were sexually harassed by other employees and then retaliated against after they complained. Rebecca Barklage and Malissa McCard worked at Birraporetti’s Restaurant in Costa Mesa. They claimed that the kitchen staff and several busboys repeatedly harassed them. One […]

News Notes: Big Child Labor Settlement

Sears Roebuck & Co. has agreed to pay a $325,000 fine to settle allegations that it violated federal child labor laws. Investigators allegedly found violations involving a total of 227 minors at over 60% of the Sears stores that were investigated. The violations included allowing 16- and 17-year-olds to operate power-driven equipment and letting teens […]

News Notes: Worker With Disabled Child Protected By The ADA, Court Rules

An employee who claimed she was fired because her newborn daughter had a disability has been given the green light to sue her employer under the Americans with Disabilities Act. Karen Abdel-Khalek, who worked for Tenenbaum and Associates, Inc., gave birth to a baby with serious health problem. Several months later, while Abdel-Khalek was on […]

News Notes: New Tools For Locating Wage And Salary Data

The federal Bureau of Labor Statistics has developed a new tool that allows you to easily search existing wage and salary surveys for specific occupations in different geographic areas. The program is available free on CD-ROM, and the government hopes to put it on the Internet sometime within the next year. To receive a copy, […]

Unemployment Compensation: Contested Claim Backfires Into $1.3 Million Lawsuit; 4 Must-Know Guidelines For Handling Claims

Some employers routinely protest claims for unemployment benefits without much consideration of the facts of each case. But one company recently discovered that an automatic challenge can boomerang into a costly lawsuit. We’ll look at what happened and offer some practical legal tips on how to approach unemployment insurance claims.

ADA Reasonable Accommodations: Color-Blind Applicant Wins $300,000; What The Employer Did Wrong

It’s common for employers to administer tests to applicants or employees up for promotion to be sure the candidate has what it takes to do the job. But as one Southern California employer recently discovered, you can run into serious trouble if you automatically disqualify someone who can’t pass a test due to a medical […]

Terminating And Disciplining Employees: Employer To Pay Four Years’ Back Wages For Firing One-Man Striker; Important Tips For Avoiding Labor Law Problems

If an employee makes unjustified complaints about wages and hours, you may be tempted to brand the person as a troublemaker. You might even take disciplinary action if the griping continues. But a new National Labor Relations Board (NLRB) ruling cautions that even a one-employee protest can be a protected activity under federal labor law-landing […]

Hiring Temps And Independent Contractors: Employers Brace For Fallout From New Microsoft Ruling; How To Avoid Owing Benefits

The federal appeals court covering California ruled several years ago that software giant Microsoft Corp. had to pay certain retroactive employee benefits to workers improperly classified as independent contractors. Now, the same court has made clear that its earlier ruling will require Microsoft to provide millions of dollars in stock-purchase rights not only to contractors, […]