Tag: business

Sexual Harassment: You Can Be Liable When A Client Harasses Your Employee; 4-Point Protection Plan

Many employers don’t know that they can be hit with a lawsuit if a customer or vendor sexually harasses their employee and they don’t adequately remedy the problem. A new decision from the Ninth Circuit Court of Appeals, which covers California, demonstrates the serious liability you can face if you mishandle these tricky situations.

Cutting Workers’ Comp Expenses: Employer Wins $6.3 Million From Insurer For Unfair Claims Practices; How To Monitor Reserves

How your workers’ compensation insurer manages your claims can have a big impact on your premiums. In a recent case, an employer whose premiums skyrocketed and dividends dropped for several years sued its insurer for overestimating the amounts needed to be held in reserve to pay claims—and won. This case underscores that keeping an eye […]

Disciplining Employees: Sprewell Defamation Claims Are Back In Play; 3 Ways For Employers To Avoid Backlash From Firings

When you fire an employee for misconduct, even if it’s for an egregious incident that occurred in public, you still need to be careful who you talk to about it both inside and outside your company. The case of former Golden State Warriors basketball player Latrell Sprewell illustrates how an employer whose termination of an […]

Managing New Technology: Employer Hit With $30 Million Lawsuit After Worker Using Cell Phone While Driving Kills Pedestrian; Tips For Avoiding Accidents—And Liability

The debate has heated up over the safety of using cell phones while driving. Some argue that the risk of accidents while on the phone is on a par with routine distractions such as adjusting the radio or climate controls in the vehicle. Others contend that the danger greatly escalates when a driver is talking […]

Trade Secrets: Staggering Fines For High-Tech Company That Stole Sensitive Information; 5 Steps To Minimize Disclosure Risks

Former employees who make off with your trade secrets can spell disaster for your business. Once confidential information is in a competitor’s hands, the damage is done and may be impossible to reverse. Now a case involving Fremont-based Avant! Corp.—which had to pay huge fines and whose top executives are off to jail—provides a dramatic […]

News Notes: Court Upholds San Francisco Domestic Partner Law

The Ninth Circuit Court of Appeals has upheld San Francisco’s landmark domestic partner benefits ordinance, which requires that companies doing business with the city must offer equal benefits to domestic partners and married spouses of employees. The court rejected a constitutional challenge by an Ohio company whose bid for a contract with the city was […]

Employer Fraud: Big Verdict For Employee Who Was Enticed Into Relocating And Then Terminated For Complaining About Alleged Unfair Business Practices

It’s illegal in California to induce someone to relocate to take a job based on misrepresentations about the position. This situation typically arises when an applicant moves to a new city for a job that doesn’t work out and then claims the employer made false promises about the opportunity. Now, in a new twist, an […]

Who’s Entitled To Overtime: New Case Examines Duties That Qualify For Administrative Exemption; 4-Point Compliance Checklist

Figuring out whether an administrative employee is exempt from overtime can be a challenge. But as a recent California Court of Appeal ruling highlights, the consequences for misclassifying employees can be staggering. We’ll provide guidelines you can use to help ensure that your workers are classified correctly.

Union Organizing: Employer Ordered To Bargain Even Though Union Lost Election; What You Can And Can’t Do During An Organizing Campaign

Have your employees been grumbling about wanting better pay and benefits? If so, you could be headed for a union-organizing drive, and it’s critical that you know what the law allows you to do. A recent case involving an employer that promised better pay and handed out perks to employees on union election day demonstrates […]

Leave Policies: Why You Can’t Automatically Terminate A Disabled Employee Whose Leave Runs Out

Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]