Tag: California Constitution

What laws restrict drug testing policies in California?

“Drug testing of private sector employees and applicants in California implicates the right of privacy set forth in Article 1, Section 1 of the California Constitution.” Marc Jacuzzi told us in a recent CER webinar. “That is where individual employee rights lie for private employers.” But what about safety concerns? Do they trump privacy concerns?

Supreme Court Addresses Whether State Prevailing Wage Law Applies to Charter Cities

Yesterday, we looked at a recent case addressing the question of whether wage rates on public works projects are considered a “municipal affair” and not subject to California’s prevailing wage law. Today, the California Supreme Court’s ruling on the issue—plus a newly updated wage/hour resource specifically for California employers.

Prop 8 Upheld by California Supreme Court

On Tuesday, the California Supreme Court upheld the November amendment to the state constitution—Prop 8—that prohibits same-sex marriage. The court did, however, rule that the 18,000+ same-sex marriages already performed in California will remain legally valid.

Drug and Alchohol: Can We Implement a Random Drug Testing Policy?

We think that drug use in our company might be growing, and management wants to institute a broad, random testing policy with a zero-tolerance standard. I believe that random testing might be a privacy violation in California. Is it advisable to have a random testing policy, and if not, what do you recommend for curbing […]

Employee Privacy: Workers’ Compensation Won’t Shield You from Privacy Claim; Don’t Put Your Organization at Risk

A workers’ compensation claim is typically the only remedy for an employee who gets injured on the job. But a California Court of Appeal recently ruled that an employee injured because a supervisor didn’t keep the person’s disciplinary matters private may bypass the workers’ comp system and sue you for damages.

News Notes: Wrongful Termination Suit OK’d Against Religious Employer

Frederick Phillips, a social worker for St. Mary’s Regional Medical Center in San Bernardino County, filed a wrongful termination lawsuit charging the nonprofit religious corporation with race and sex bias and retaliation. A California Court of Appeal has given Phillips the go-ahead to pursue his lawsuit ruling that although the Fair Employment and Housing Act […]

Religious Discrimination: Religious-Affiliated Employer Liable For Firing Worker Who Was Saving Souls On Company Time; Guidelines To Follow

Employers affiliated with a religion generally aren’t subject to the state Fair Employment and Housing Act, California’s anti-discrimination law. But in a new case, a California Court of Appeal allowed a worker to make an end run around the statute and sue an employer who was exempt from the FEHA for religious discrimination. We’ll explain […]