News Bulletin: New Employment Bills Await Governor’s Decision
Gov. Arnold Schwarzenegger has until Sept. 30 to sign or veto a number of measures approved recently by the legislature, including several relating to employment. Some of the contenders:
Category: HR Management & Compliance
There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.
News Bulletin: Settlement Reached in Suit Over Overtime Misclassification
Farmers Insurance Exchange has reached a pricey settlement in a long-running class action lawsuit that accused the company of misclassifying claims adjusters as exempt from overtime. Farmers will pay the entire jury verdict from a 2001 trial of more than $90 million, along with about $80 million in attorney’s fees and interest, and $40 million […]
Labor Code Violations: New Legislation Softens Blow of Last Year’s Bounty Hunter Law, but Employer Caution Still Required
The Labor Code Private Attorneys General Act, dubbed the “bounty hunter” or “sue your boss” law, went into effect on Jan. 1, 2004. The controversial law gave employees in California almost unlimited rights to sue their employers for just about any Labor Code violation—and to recover the statutory penalties and attorney’s fees.
Lawsuits and Lawyers: Insurance Adjusters Who Won $90 Million Now Claim Their Lawyers Should Have Won an Even Bigger Verdict; Watch Your Step
The long-running class action lawsuit over alleged misclassification of Farmers Insurance Exchange adjusters has taken another twist: A California court of appeal has ruled that the employees can sue the San Francisco law firm that represented them against Farmers for malpractice.
Unions: Ninth Circuit Invalidates California Law Requiring Employer Neutrality During Organizing Campaigns
A California law curtailing some employers’ rights to oppose their employees’ unionizing efforts is superseded by the National Labor Relations Act, the Ninth Circuit Court of Appeal has held. The ruling could bring welcome relief to employers facing union organization efforts.
Retaliation: Decision-Maker’s Ignorance of Prior Harassment Complaints Doesn’t Insulate Employer from Liability for Retaliatory Discharge
Suppose a supervisor retaliates against an employee who complained about sexual harassment by initiating a disciplinary investigation against the employee. The employee is ultimately terminated for disciplinary reasons and sues you for retaliation. Can you claim you’re not liable because the person who made the termination decision didn’t know about the harassment complaints? Not according […]
Wrongful Termination: Private Employee’s Free-Speech Claim Fails
Joan Grinzi, a case manager for San Diego Hospice Corp., was fired after 13 years on the job as an at-will employee. Hospice, which is a private company, allegedly initially told Grinzi that she was being terminated because she belonged to the Women’s Garden Circle, an investment group that Hospice considered to be an illegal […]
Truth in Hiring: At-Will Employee Can Sue Over Employer’s Misrepresentations of Employment Terms; Watch What You Say
A new California appeal court ruling shows how an at-will agreement with a new hire won’t shield you from claims that you intentionally misrepresented the employment terms to induce the person to come work for you. We’ll explain what happened.
Workers’ Compensation: New Ruling Highlights Importance of Keeping Insurance Up-to-Date and In Effect
A new California appeal court decision underscores how critical it is to make sure your workers’ comp insurance policy stays in force and that you have proof of insurance. Here’s what happened.
News Notes: September 2004
New Paid Family Leave Regulations Released As most California employers know, the new Paid Family Leave (PFL) law kicked into action this summer, providing partial wage-replacement benefits for workers who take time off to care for a seriously ill family member or bond with a new child. At the same time, the state Employment Development […]