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California

Locked-out Salinas hospital employees return to work

07/19/2011
More than 100 hospital workers have returned to work following a strike that prompted the Salinas Valley Me­morial Healthcare System (SVMHS) to lock them out for two days.

ERISA lawsuits not limited to plan administrators

07/19/2011
The 9th Circuit Court of Appeals has clarified who can sue for unpaid benefits under the Employee Retirement Income Security Act.

Ignoring EEOC information request won’t make it go away

07/19/2011
It can seem like a waste of time to re­­­spond to a request for information about alleged discrimination if you know your company did nothing wrong. But it’s never a good idea to ignore an EEOC information request.

Are those employees similarly situated? Not if they’re acting like free agents

07/19/2011
A federal court has rejected a bid by two former employees to represent other similarly situated employees, based on the employer’s claim of conflict of interest. The court agreed that these particular employees weren’t the best choice to represent other workers.

Employers can ask jury to decide when collective bargaining agreement was ratified

07/19/2011
A case that has made it up to the U.S. Supreme Court and back down to the trial court is now making its way up the legal ladder again. The 9th Circuit has ­issued a new decision, ruling that an em­­ployer that challenges a union’s claim that employees have ratified a collective bargaining agreement can make their case to a jury.

It’s time for a talk if you’ve heard a boss has been disparaging disabled employees

07/19/2011

Are you hearing that a supervisor is making less than flattering statements about a disabled employee or disabled individuals in general? Then it’s time to call in the supervisor and explain to her it has to stop. That’s especially true if the super­visor happens to have a disabled ­employee under her direction and recommends that the employee should be terminated.

Brown nixes ‘card check’ union elections for farm workers

07/19/2011
Gov. Jerry Brown has vetoed a bill that would have given farm workers the option of using a “card check” election instead of secret ballots to choose union representation. In his veto message, Brown said he “appreciates the frustrations” of farm workers who try to unionize. However, he said the bill would have required restructuring “California’s carefully crafted agricultural labor law.”

No lunch, no break? You owe for 2 more hours

07/19/2011
The Court of Appeal of California has finally clarified how much em­­ployers owe employees who don’t get their required meal and other breaks. The penalty is two hours of pay per day if workers missed both types of breaks.

Classifying employees? Examine specific tasks

07/19/2011

Courts are becoming more reluctant to authorize massive class-action lawsuits. Example: A federal court has ruled that assistant restaurant managers who believe they were misclassified must bring individual lawsuits. They can’t proceed as a class. The practical impact: Most likely, lower damages.

What web resources can we use to make sure we are in compliance with I-9 rules?

06/16/2011
Q. Our company needs guidance on keeping up with our obligations with regard to employment eligibility. What resources are available?