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The Ninth Circuit Court of Appeals has upheld San Francisco’s groundbreaking domestic partner ordinance, which requires certain businesses to offer the same benefits to heterosexual and gay partners of unmarried employees as they offer to married spouses. The court rejected an argument by United Air Lines, FedEx and an airline association that the ordinance, […]
The United States Supreme Court recently held that when an employee brings a claim of discrimination, the employee may rely on circumstantial evidence to prove that the employer was motivated in part by illegal factors (such as the worker’s age, sex, religion, etc.). In a future article we will outline what this means for employers […]
Californians, whose minimum wage just climbed to $7.50 an hour, aren’t the only ones seeing a boost in the minimum wage in the new year. During the November 7 elections held across the nation, voters in six states approved measures to raise their minimum wage rates. Ohio and Colorado voters approved increases to $6.85; Arizona […]
The Occupational Safety and Health Administration (OSHA) announced on September 4 that it will perform comprehensive safety inspections at nearly 4,000 high-hazard workplaces. These inspections are part of OSHA’s Site-Specific Targeting 2009 (SST-09) program, which helps direct enforcement resources to the types of workplaces that have the highest rate of injuries and illnesses. OSHA will […]
Do we have to be a part of the State Compensation Insurance Fund, or can we go on our own for workers’ comp insurance?
The Equal Employment Opportunity Commission has issued new enforcement guidelines stating for the first time that federal anti-discrimination laws protect undocumented workers. According to the EEOC, illegal immigrants who are subjected to workplace discrimination, sexual harassment or retaliation can sue their employers and receive lost wages, punitive damages and attorneys’ fees. A court could also […]
It’s common to ask employees who accept early retirement to agree to waive future legal claims against you in exchange for higher pension payouts. But is it legal? Two years ago, the Ninth Circuit Court of Appeal ruled that Lockheed Corporation violated the Employee Retirement Income Security Act (ERISA) when it did just that. The […]
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 […]
The number of California workers killed on the job in 2000 was the lowest since 1992, when the state first published such data. Preliminary figures from the California Department of Industrial Relations show there were 553 deaths in 2000, down from 644 a decade ago. Over 41% of the total deaths resulted from transportation accidents, […]
California overtime pay rules don’t apply to unionized employees if the union contract sets premium overtime rates as well as a regular hourly rate that’s at least 30% over the minimum wage. Examining an older version of this exemption, a California Court of Appeal explained that it permits an employer and union to negotiate how […]