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California

Disabled worker fired for not reading writing on the wall?

10/25/2011
According to a recent lawsuit filed by the EEOC, Hospital House­­keep­­ing Systems of Houston violated fed­­eral law when it denied reasonable accommodations and discharged a housekeeper due to her disability.

Religious speech limited for public school teacher

10/25/2011
The 9th Circuit Court of Appeals has reversed a lower court decision that allowed a teacher to display banners with the word “God” in the classroom.

Better treatment after claim? That’s hardly punishment

10/25/2011

Employees who complain about har­­assment are protected from retaliation. It follows that if the employee is promoted and gets a raise, he can’t argue that he was punished. One employee’s case before the 9th Circuit Court failed because his employer treated him well after he complained.

Be prepared to show you used due diligence to prevent on-the-job subcontractor injuries

10/25/2011
Here’s an important note for companies that use subcontractors to carry out work. The state Division of Occupational Safety and Health can cite your company for on-the-job injuries if it appears you were a controlling employer.

Good news: Court rules employee suit frivolous–Bad news: You probably won’t recover legal fees

10/25/2011
When an employer loses a discrimination or other job-related lawsuit, the employee who sued typically recovers attorneys’ fees in addition to any lost pay or other damages. The same isn’t true if the employee loses.

Fresno laser clinic sees light on harassment

10/25/2011

Employers don’t just have to protect employees from harassment by co-workers and supervisors. They’re also responsible for keeping employees safe from others they must interact with on the job. American Laser Centers, the largest laser hair removal company in the U.S., found that out the hard way.

Absolute ban on all who fail drug test upheld

10/25/2011
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

Fixing misclassification? Pay the right amount

10/25/2011

Sometimes, it becomes clear that an employee has been misclassified as exempt when she should really be an hourly employee. Employers that want to fix the situation can do so and avoid a lawsuit by offering the employee double her lost overtime pay, plus interest going back either two or three years depending on how the mistake happened.

Have a progressive discipline system? Beware giving more leeway to younger employees

10/03/2011

It might make sense to give newer employees a bit more leeway when it comes to discipline for poor job performance. After all, sometimes it takes time to learn a job well. But if the newer employees happen to be younger than another, older employee who doesn’t get the same benefit of the doubt, you may spark an age discrimination lawsuit.

L.A. ‘hostess’ dancers sue for wage violations, harassment

09/20/2011
A group of dancers at a Los Angeles “hostess club” are suing for wage-and-hour violations, claiming the owners of Club 907 also subjected them to “exploitative, substandard and degrading working conditions.”