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In the March 1998 issue of California Employer Advisor, we reviewed a decision by the Ninth Circuit Court of Appeal focusing on alleged secret genetic testing of employees at the University of California’s Lawrence Livermore National Laboratory. The court held that the workers could sue the lab for violating their privacy rights. Now the lab has […]
One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if […]
In a decision that could test the limits of the Americans with Disabilities Act, a federal court in Utah has ruled a worker’s sensitivity to strong fragrances may qualify as a disability. Glenda Davis had worked for a state tax agency for four years when she developed a sensitivity to fragrances that resulted in headaches, […]
Nearly 75% of employers nationwide—more than double the number from 1997—actively monitor employees’ phone calls, voice mail, e-mail, Internet use and computer files, according to a new survey by the American Management Association. The financial services industry had the highest incidence of electronic monitoring, with over 90% of employers engaging in such activities. The survey […]
At a hearing in Washington, D.C., earlier this month, the Internal Revenue Service heard opposing arguments on permitting employers to provide tax-free public transit benefits through cash reimbursement rather than vouchers or passes. As we’ve reported, proposed IRS rules would make it easier for employers to set up transportation spending accounts, which let you pay […]
Many employers have no-fault attendance policies, which call for discipline or termination after an employee has a certain number of absences – regardless of the reason for the time off. But as one employer recently found, these policies may conflict with the family leave laws. We’ll look at what happened and offer other alternatives for […]
The Department of Labor and the Department of Health and Human Services have issued guidelines explaining how to comply with the Women’s Health and Cancer Rights Act’s annual notice requirement. The notice explains that mastectomy-related services must be covered under health plans. It can be sent alone or with the summary plan description, a newsletter, […]
How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]
Last year, the Ninth Circuit Court of Appeal ruled that, in most cases, an employer doesn’t have to make an exception to an established seniority system to provide an accommodation to a disabled worker. Now, the same court has clarified its original ruling, going even farther in protecting seniority policies. The case involved a disabled […]
IBM¹s recent announcement that it was converting from a traditional pension plan to a cash-balance plan triggered angry employee protests and age discrimination allegations. Now, government agencies and federal legislators are vowing to take a closer look at the impact cash-balance plans have on older workers. Unlike traditional pension plans in which workers earn most […]