Tag: california hr

Arbitration Of Disputes: Court Upholds Mandatory Arbitration Without Employee’s Signature Or Advance Acknowledgment; Impact On Employers

Following on the heels of a recent California Supreme Court ruling that approved mandatory arbitration agreements for employment disputes, California appellate courts continue to enforce arbitration provisions between employers and employees. In the latest case, a California Court of Appeal required the arbitration of an employment claim even though the employee had never signed an […]

Retaliation Claims: Court Says Employers Can Now Be Sued For Taking Action That Negatively Affects Co-Workers As Well As Complaining Employees

It’s not news to employers that it is illegal to retaliate against an employee who complains about discrimination or harassment. However, in a new decision, the Ninth Circuit Court of Appeals has expanded the range of what could be considered retaliatory. Employers can now be held liable not only for actions aimed at the complaining […]

Employee Benefits: New EEOC Guidance Covers Benefit Differentials Based On Disability And Pregnancy, Part 2

The Equal Employment Opportunity Commission recently issued new guidelines explaining how federal employment discrimination laws apply to employee benefits. Last month we examined the rules regarding age discrimination. This month we look at the EEOC guidelines dealing with disability and pregnancy discrimination.

English-Only Rules: Employer Ordered To Pay Over $700,000 To Telephone Operators Hired—And Fired—For Speaking Spanish; Creating Language Policies That Work

A record damage award levied against a telephone company that tried to prevent operators from speaking Spanish to each other in the workplace underscores the risks of enforcing English-only policies. Faced with this increasingly common type of bias case, a federal court has concluded that the language restriction amounted to illegal discrimination based on national […]

Employee Handbooks And Policies: Employee Consent Not Required To Change Policies; Helpful Guidelines

Many employers make it a practice to periodically update their employee manuals and policies. But where do you stand if an employee objects to a new policy? In a recent case, a California Court of Appeal rejected a worker’s attempt to challenge a provision that was added to an employee handbook. More importantly, the court […]

News Flash: New Rules Issued For Federal Contractors

The Office of Federal Contract Compliance Programs has issued final regulations revising and simplifying the rules for written affirmative action programs. However, the new regulations also substantially increase the number of employers who must complete the annual Equal Opportunity Survey and submit personnel and compensation data.

News Flash: Employee Benefits

The federal Ninth Circuit Court of Appeals has ruled that benefits plan administrators can be sued for failing to adequately advise employees of the terms of a mandatory arbitration procedure for appealing benefits decisions. Laboratory Corporation of America had a health plan with a 60-day time limit for requesting arbitration after an internal claim appeal was […]

News Flash: Sexual Harassment

Vanessa Bailey, a gardener at Balboa Park in Encino, complained that she was sexually harassed by her co-workers. Bailey claimed, among other things, that while she was in a city truck, a co-worker exposed himself to her and another had magazines showing naked women. Bailey also said that a park supervisor kissed her against her […]