Tag: DOL

Sexual Harassment: California’s High Court Affirms Automatic Liability for Harassment by Supervisors, But Employers Can Take Steps to Limit Victim’s Damages

In a new ruling, the California Supreme Court has affirmed employers are automatically liable for sexual harassment committed by supervisors, but damages for an employee who doesn’t take reasonable steps to avoid or report supervisor harassment can be reduced. We’ll examine the new case and suggest smart employment practices that can help you limit damages—and […]

Disability Discrimination: Supreme Court Upholds Non-Rehire-for-Drug-Use Policy Violation; Caution Still Required. 3 Practices to Keep You Out of Court

The U.S. Supreme Court has upheld an employer’s refusal to rehire a former employee who violated the company’s drug use policies. This means employers may continue to use neutral policies, but an employee can still prove the employer intentionally discriminated against them and is just using the policy as a pretext to hide wrongdoing. We’ll […]

News Notes: Big Overtime Settlements Reached

The U.S. Department of Labor has announced two sizable overtime settlements with Southern California employers. VCI Telecom Inc., an Upland telecommunications company, has agreed to pay $1,074,375 to settle charges levied by the DOL for not paying overtime to 227 employees. And flooring and tile company Lambard Inc., based in Ontario, will fork over $228,156 […]

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

E-Alert Item: Exempt Employees: Government Proposes New Rules for Determining Who’s Exempt from Overtime

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 […]

E-Alert Item: DOL Says Insurance Adjusters Not Entitled to Overtime Pay

The federal Department of Labor has said in a recent opinion letter, which was issued in response to an insurance industry group’s inquiry, that adjusters qualify for the administrative exemption from overtime under the Fair Labor Standards Act. The opinion reaffirms the DOL’s position on this issue, and was based on the DOL’s review of […]

News Notes: Free ADA And Workplace Drug Program Compliance Materials

If your website doesn’t include reader friendly alternatives for people with disabilities, such as sight impairments, you might be violating the Americans with Disabilities Act. The Center for Applied Special Technology offers a free tool at that employers can use to test whether their web pages are accessible to disabled individuals. Also, the federal Department of Labor […]

News Notes: Free Posters Available On New Labor Department Web Page

The federal Department of Labor has launched a new Web page to help employers comply with posting requirements for a number of federal laws. By answering a series of questions, you can determine which federal posters you must display and then print them directly from the Internet. The Web page also lists who to contact […]