Tag: california hr

News Notes: Supreme Court Raises Hurdle For Job Bias Punitive Damages

The U.S. Supreme Court has made it harder for employees to win punitive damages under federal anti-discrimination laws. The case involved a suit by a female attorney who claimed she was denied a promotion because of her sex. The court agreed with the employee that punitive damages are available when an employer acts with “reckless […]

Age Discrimination: Court Rejects Claim By Older Worker Who Lost Job After Restructuring; A Case Study Of What The Employer Did Right

Many human resource managers worry about age bias suits whenever there’s a reorganization and older workers who don’t fit in the new company structure are terminated. But if you can show that your motives are business-related and you handle the situation properly, you’ll go a long way toward avoiding liability. Here’s a look at one […]

Investigating Sexual Harassment Complaints: Why Utilizing Outside Investigators Is Becoming More Complex—And Controversial

Employers are frequently reminded of their legal obligation to promptly and thoroughly investigate all sexual harassment complaints and, as a result, often call in lawyers or specially trained consultants to conduct a complete and objective inquiry. But a controversial new government opinion suggests that using outside investigators could result in your inadvertently breaking a federal […]

News Notes: Court OKs Tax Deduction For Employer-Provided Meals

Employers who provide on-site meals to certain workers have been given a break by the federal Ninth Circuit Court of Appeal. Boyd Gaming Corp., which owns casinos in Nevada, offered workers free meals in an on-site cafeteria because it required them for security reasons to remain on the premises for their entire shift. But when […]

News Notes: Waitresses Awarded Over $2 Million For Harassment And Retaliation

A Southern California jury has ordered an employer to pay $2,331,319 to two waitresses who said they were sexually harassed by other employees and then retaliated against after they complained. Rebecca Barklage and Malissa McCard worked at Birraporetti’s Restaurant in Costa Mesa. They claimed that the kitchen staff and several busboys repeatedly harassed them. One […]

Unemployment Compensation: Contested Claim Backfires Into $1.3 Million Lawsuit; 4 Must-Know Guidelines For Handling Claims

Some employers routinely protest claims for unemployment benefits without much consideration of the facts of each case. But one company recently discovered that an automatic challenge can boomerang into a costly lawsuit. We’ll look at what happened and offer some practical legal tips on how to approach unemployment insurance claims.

Terminating And Disciplining Employees: Employer To Pay Four Years’ Back Wages For Firing One-Man Striker; Important Tips For Avoiding Labor Law Problems

If an employee makes unjustified complaints about wages and hours, you may be tempted to brand the person as a troublemaker. You might even take disciplinary action if the griping continues. But a new National Labor Relations Board (NLRB) ruling cautions that even a one-employee protest can be a protected activity under federal labor law-landing […]

Hiring Temps And Independent Contractors: Employers Brace For Fallout From New Microsoft Ruling; How To Avoid Owing Benefits

The federal appeals court covering California ruled several years ago that software giant Microsoft Corp. had to pay certain retroactive employee benefits to workers improperly classified as independent contractors. Now, the same court has made clear that its earlier ruling will require Microsoft to provide millions of dollars in stock-purchase rights not only to contractors, […]

News Notes: Religious Employees Not Covered By Anti-Discrimination Laws

A California Court of Appeal has ruled that employment decisions made by religious institutions about ministerial employees, like clergy members, are not covered by state anti-discrimination laws. The case was brought by a female chaplain at Chapman University. The chaplain claimed that her hours were cut back in retaliation for reporting incidents of alleged sexual […]

News Notes: New Medical Child Support Notice Expected This Year

The federal government is developing a new employer notice dealing with court-ordered medical support obligations for children of divorced or separated parents. The “National Medical Support Notice” will notify you of your obligation to withhold pay when necessary to enroll a noncustodial parent’s child in an employer-provided healthcare plan. Although new regulations were to be […]