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California

What’s the latest information on USCIS’ new Permanent Resident Card?

06/18/2010
On May 11, U.S. Citizenship and Immigration Services announced it will begin issuing a redesigned Permanent Resident Card, commonly referred to as the “green card.” Employers should familiarize themselves with the new card by visiting the USCIS web site, as they will soon be seeing the new card presented when employees complete required Form I-9.

Supreme Court rules on pre-employment tests and disparate impact

06/18/2010
The U.S. Supreme Court in late May unanimously sided with a group of black firefighter applicants who alleged that the city of Chicago’s employment selection process had a disparate impact on them. The court said the timing of Title VII lawsuits doesn’t depend on when the alleged discriminatory act first occurred, but on when the employer acted on the results of that discriminatory act, even if that’s years later.

Irony: Lawyer sues former partners for breach of contract

06/18/2010
A former partner at Locke Lord Bissell & Liddell has filed a lawsuit accusing the law firm of breaching his employment contract, violating the labor code, fraud, negligent misrepresentation and libel and slander.

Amid shrinking union rolls, CWA and Verizon ink new pact

06/18/2010
The Communications Workers of America union and Verizon West have agreed to a new three-year contract that promises higher pay, continuing health benefits and more union jobs. Under the new collective-bargaining agreement, workers will receive an 8.25% wage increase over the contract term and will continue to receive free health benefits.

Disability group files class action against state

06/18/2010
The organization Disability Rights Advocates recently filed a class action lawsuit against the state of California on behalf of seven state employees and Deaf and Hard of Hearing State Workers United, a group representing employees with hearing disabilities.

Employee can sue for legal fees after winning EEOC claim

06/18/2010
Don’t think your legal troubles are over after the EEOC decides a case and you decide not to appeal. The employee can still sue you in federal court to recover his attorneys’ fees for the work the lawyer did before the case went to the EEOC.

Make sure everyone in same job has shot at training

06/18/2010
Here’s an easy way to prevent a discrimination claim: Offer everyone holding the same position the same opportunity for training. Otherwise, supervisors may play favorites, and that can end in litigation if the better-trained employees end up getting the promotions.

Retaliation alert: Most public employees protected when reporting alleged wrongdoing

06/18/2010
Public employees have First Amendment free speech rights, including protection from reprisal for reporting alleged wrongdoing to superiors. They lose that protection only if reporting wrongdoing is part of their jobs.

Good news: Properly worded arbitration agreement valid in California

06/18/2010
A federal court has ruled that an arbitration agreement—even an admittedly oppressive one—can be enforced in California if it’s drafted broadly enough.

When determining fitness for duty, strictly limit medical inquiries to essential functions

06/18/2010

Employers aren’t allowed to delve into an employee’s disabilities or medical history when that employee wants to keep the information private—unless the employer can show a job-related reason for doing so. To qualify, the inquiry must be narrowly tailored to assess whether the employee is capable of performing the essential functions of his job. Broad questions often run afoul of the law.