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California

State court issues restraining order to bar AFSCME strike of UC

08/15/2008
On July 11, a California state court issued a restraining order prohibiting Local 3299 of the American Federation of State, County and Municipal Employees (AFSCME) from invoking a planned strike against facilities at the University of California …

Prudential Overall Supply agrees to settle living-Wage violations

08/15/2008
San Diego City Attorney Michael Aguirre announced in July that Prudential Overall Supply has agreed to settle violations of the city’s living-wage ordinance. The uniform supplier will pay $65,000. Aguirre filed a lawsuit against the company, arguing that it paid its workers below the rates set forth in the San Diego Living Wage Ordinance, which became law in 2005 …

The ‘multiplier effect’: How small wage-and-hour violations cost big

08/15/2008

For California employers, even minor wage-and-hour violations can wind up costing employers millions of dollars. Blame it on California’s infamous “multiplier effect,” which can come into play in any wage-and-hour case, but which really adds up in class-action suits …

What are the rules on employee access to personnel records?

08/15/2008

Q. Are we required to allow employees to inspect their personnel files? Must these files be retained at each office (rather than at a centralized location)? …

Can we do anything about employees discussing pay with one another?

08/15/2008

Q. Can we prohibit workers from discussing their pay with each other? This practice appears to be creating workplace conflict and damaging morale in the office …

What are our responsibilities concerning breastfeeding in the workplace?

08/15/2008

Q. A number of our employees are pregnant. What are our obligations to accommodate their need to breastfeed when they return to work? …

Workers’ comp may cover injury that occurs on vacation

08/11/2008
If you require certain employees to stay in good physical shape and pass regular fitness tests, a recent court ruling raises this key question: Could your organization be on the hook for workers’ compensation bneefits if the employee gets hurt while working out during a vacation?

Air conditioning: mandatory accommodation?

07/21/2008
Charles Gribben, a UPS driver in Phoenix, was told by his doctor to operate only trucks with air conditioning. But UPS, finding it couldn’t accommodate Gribben’s disability, terminated him. Gribben sued UPS under the ADA …

‘Utilization review’ is exclusive way to challenge treatment

07/18/2008
The California Supreme Court has ruled that there is only one way for employers to challenge the medical treatment injured workers and their doctors want to pursue. All challenges must use a process created by the California Legislature called “utilization review.”

Recoup training costs, but beware doing so with last paycheck

07/18/2008
Employers can and should get applicants and employees to agree to pay back training costs if they depart before the company gets fair value. But collecting the money can be tricky. You can’t, for example, withhold the money out of a final paycheck if that move takes the employee’s hourly wage below the minimum allowed by law …