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California

Association discrimination covers friends, not just family

04/18/2008
California law and the ADA protect just about anyone who “associates” with a disabled person from discrimination. It doesn’t have to be a child, spouse or blood relative. The California Fair Employment and Housing Act and the Unruh Act both protect those who count disabled persons as friends …

Employees live on premises? Here’s how to compensate

04/18/2008
Do you require some employees to live on the premises so they can be on call to provide emergency or other services? If so, you can structure the compensation system to pay only for actual time worked. You don’t have to compensate them for the time spent waiting to deal with some work-related matter …

Justify drug testing program with business-Related rationale

04/18/2008
Many government employers ask applicants to submit to drug testing before beginning work. A recent 9th Circuit Court of Appeals ruling may make employers rethink that strategy and prepare to clearly articulate a business-related reason for drug tests. A blanket testing policy may spell trouble …

Lack of female supervisors a red flag for discrimination

04/18/2008
Have you taken a good look at who fills supervisory roles at your workplace? If not, you should. Having very few female supervisors may spell trouble. Having none is like carrying a sign that reads, “Sue me now!” Employees suing for sex discrimination could point to the lack of female supervisors as evidence supporting their claims …

Warn managers: They may be personally liable for discrimination

04/18/2008
If you have trouble persuading managers that they cannot discriminate or harass, here’s ammunition. Tell them that if they participate in any form of discrimination or harassment, it’s their assets on the line. An employee can sue them directly, and they may have to pay damages out of their own bank accounts …

When the lawsuit is frivolous, employee may have to pay employer’s attorneys’ fees

04/18/2008
Here’s some good news from the litigation front. In some cases, employees who file frivolous discrimination lawsuits may actually end up reaching into their own wallets—to pay their employers’ legal fees …

Starbucks steamed over $105 million verdict on tips

04/18/2008
A California Superior Court judge has ordered coffee giant Starbucks to pay its baristas $100 million in lost tips resulting from the company’s tip jar policy. Additionally, the court issued an injunction barring shift supervisors and managers from receiving tips …

Citigroup to pay $33 million in gender-Bias settlement

04/18/2008
Citigroup will pay $33 million to settle a class-action lawsuit filed by three female brokers who worked in the Santa Barbara office of Smith Barney, a Citigroup unit. As many as 2,500 former and current Smith Barney female brokers may end up sharing in the settlement pot …

Schwarzenegger vetoes child care worker negotiation bill

04/18/2008
Gov. Arnold Schwarzenegger has vetoed S.B. 867, a state bill that would have allowed child care workers to organize for the purpose of negotiating with California agencies. Specifically, the bill would have allowed the workers to negotiate reimbursement rates and licensing issues with the state …

San Francisco supervisors say high-Priced employees face layoffs

04/18/2008
Faced with a large budget shortfall, San Francisco supervisors are proposing a way to deal with the $338 million deficit the city expects next year. Board of Supervisors President Aaron Peskin wants to draft legislation that eliminates some high-paying city positions …