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Yet another dramatic punitive damage award shows how juries can render potentially devastating employment-related verdicts. We previously reported on a pending lawsuit by 21 African-American workers at Northern California Wonder Bread bakeries for race discrimination. Now the verdict is in, and a San Francisco jury has awarded $11 million in compensatory damages and a whopping […]
One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if […]
The Ninth Circuit Court of Appeal provided these examples of conduct that will—and won’t—support a retaliation claim:
Twenty-one African-American workers at a Wonder Bread factory in San Francisco have sued the company for discrimination, saying they were denied promotions, given the worst shifts and subjected to racial slurs. They also claim that not one African-American is in a management position. Wonder’s parent company, Interstate Brands Corp., denies the charges and says it […]
Many employers have no-fault attendance policies, which call for discipline or termination after an employee has a certain number of absences – regardless of the reason for the time off. But as one employer recently found, these policies may conflict with the family leave laws. We’ll look at what happened and offer other alternatives for […]
A pension plan with fewer than 100 participants is generally exempt from the complicated and expensive accounting and reporting requirements that apply to larger programs. But in response to recent reports suggesting that small pension plans are vulnerable to employer embezzlement and misappropriation of funds, the federal government has proposed new rules requiring you to […]
The Industrial Welfare Commission has clarified how to report alternative workweek election results under California’s new overtime law. Within 30 days of the election, you should send in your company name, the date of the election, the final election counts, the alternative workweek schedule adopted or repealed, and a statement of compliance. This statement can […]
Last March we reported on changes coming to the COBRA rules. Here is a quick rundown on the highlights of the updated regulations that take effect January 1.
Francis Iwekaogwu complained for years that he was being discriminated against because of his race, threatening on more than one occasion to file a formal charge against his employer. When he finally sued and went to trial, he didn¹t win any damages for race bias. But it turned out that the jury was much more […]
Under California law, you can be automatically liable for harassment committed by your managers and supervisors even if you had no notice of the problem and did nothing wrong. But just who qualifies as a supervisor has long been a troubling and important question because your chances of being held responsible increase as more employees […]