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Workplace Harassment: State High Court Approves Ban On Insulting Speech At Work; Will The Courts Start Managing Your Workplace?

When a group of Latino Avis Rent-A-Car employees at the San Francisco International Airport filed a harassment lawsuit charging a manager with using derogatory racial epithets, they were awarded more than $100,000 in damages. But the workers didn’t stop there. They also convinced the court to issue an order barring the manager from making offensive […]

Americans With Disabilities Act: New Ruling Examines Standards For Refusing To Employ Workers Who May Be At Risk For Injury

An employee has a history of fainting spells, and you’re worried that during one of these episodes the person may injure herself or another worker. What are your options? Although the Americans with Disabilities Act allows you to fire or refuse to hire an employee who poses a “direct threat” to herself or others, a […]

Wage and Hour: Important Meal Period Ruling from California Supreme Court

The California Supreme Court has handed down an important new decision, answering a wage and hour question that recently has plagued the state’s appeals courts: Is the required payment of “one additional hour of pay at the employee’s regular rate of compensation” for each day that an employer fails to provide mandatory meal or rest […]

EEOC Announces Crackdown on “Systemic” Discrimination

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that strengthening its nationwide approach to investigating and litigating systemic cases of discrimination is now an agency-wide top priority. According to the EEOC, systemic cases involve a “pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, […]

News Notes: Employers Boosting Work/Life Benefits, Study Finds

A new study by Mellon Financial Corp. reveals that 81 percent of employers offer employee assistance programs, up from 70 percent in 1996, and 54 percent provide family sick days, up from 42 percent. Although only 6 percent of employers offered domestic partner benefits seven years ago, 35 percent of employers do now. The study […]

News Notes: More Employees Working Flexible Schedules

A new report from the U.S. Department of Labor finds that 28.8% of the nation’s full-time employees now have flexible work schedules that permit them to vary the time they start or end work—nearly double the number of flex-time workers a decade ago. Managers, professionals and sales employees were the most likely to be able […]

News Notes: Benefits Plan Singling Out Workers On Medical Leave Violates ERISA

When Professional Risk Management acquired Applied Risk Management, the companies’ agreement provided for all active Applied employees to automatically be transferred to Professional without a break in health benefits coverage. But workers on medical, disability or other extended leave weren’t transferred until they returned to active duty, and they consequently lost health coverage until they […]