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The U.S. Equal Employment Opportunity Commission has released new guidance explaining the rights of the blind and visually impaired under the Americans with Disabilities Act. The new guidance, issued in a question-and-answer format, covers when a vision impairment qualifies as a disability, questions employers may ask applicants and employees about their vision impairments, the circumstances […]
Private employers in California are required by law to pay for their workers’ uniforms. But a new ruling from a California appeals court says state and local government employers are generally off the hook for uniform reimbursement.
In the September 2005 issue of the California Employer Advisor, we reported that several powerful unions had broken ties with the AFL-CIO, the nation’s main labor federation. Last week, the defecting unions formally founded a new AFL-CIO rival, called the Change to Win Federation. The new federation represents 5.4 million American workers and comprises the […]
A California appeals court has just thrown out a wrongful termination and disability discrimination lawsuit filed by a worker who was discharged after his preemployment drug test came back positive for marijuana–even though the employee had medical authorization to use marijuana for chronic back pain.
A plan to streamline and strengthen enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), has been signed by U.S. Labor Secretary Elaine Chao and Attorney General John Ashcroft. The document delegates the Department of Labor’s USERRA responsibilities to the Veterans’ Employment Solicitor, and the Attorney General’s USERRA responsibilities to the […]
The newly signed laws expand privacy procedures for Social Security numbers (SB 25), provide leave for crime victims and their families (SB 478), mandate that state government contractors provide domestic partner benefits (AB 17 and AB 205), and require employers to protect workers from sex harassment by nonemployees (AB 76). We’ll have all the details […]
In the May issue of California Employer Advisor we reported on a case, Reynolds v. Bement, where a court ruled that a supervisor could be held individually liable for unpaid overtime due to a worker. The case was recently taken under review by the state’s highest court. We’ll be watching to see how the court […]
The Ninth Circuit Court recently withdrew its decision in Gradilla v. Ruskin Mfd. that held leave taken to accompany a spouse to a funeral was not protected family leave. The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision. Continue watching California Employer Advisor for […]
For the first time in over 25 years, the U.S. Department of Labor has issued proposed rules overhauling the system for determining which employees are exempt from overtime under the federal Fair Labor Standards Act. The proposed rules change the types of job duties workers must perform to qualify for exemption from overtime as well […]
The U.S. Department of Labor has announced it will soon release new regulations under the Fair Labor Standards Act to increase the salary level required for exemption from overtime, which was last updated in 1975. The new regulations will also clarify and simplify the existing complex rules regarding the types of job duties exempt workers […]