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California

Judge overturns Los Angeles labor ordinance

04/01/2008
In a decision some hope will lead to fewer local laws controlling how employers manage their work forces, a California Superior Court judge has struck down a Los Angeles ordinance that made it illegal for large supermarket chains taking over local grocery stores to fire existing employees …

Privacy issues and e-Mail monitoring

04/01/2008
Q. We would like to monitor e-mail usage at our workplace. Can we access employee e-mail without violating their rights to privacy? …

At-Will employment and our ability to fire

04/01/2008
Q. We are a small company with fewer than 10 employees. We would like to terminate an employee who is pulling down workplace morale. What are the risks? …

Recapturing health insurance premiums following FMLA leave

04/01/2008
Answers to 3 questions about recovering health insurance premiums.

Documentation key to showing prompt, fair investigation

03/01/2008
Discrimination lawsuits can take years to resolve, and memories fade over time. That’s one reason to take careful notes during your initial investigation. Be sure to record exactly what the alleged victim says happened. You don’t want to be blindsided later …

Directors and volunteers don’t count as employees

03/01/2008
The ADA applies to employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA) covers employers with 20 or more employees. Pretty clear, right? But whom you count is crucial, especially if your head count is right on the cusp of the ADA or ADEA threshold …

Employee must prove work caused psychiatric injuries

03/01/2008
California employees who claim their jobs have caused them psychiatric problems have to meet a higher standard than they would for physical injuries. They must prove that “actual events of employment” were the “predominant” cause. Now a California appeals court has clarified that workers’ comp does not cover psychological or psychiatric injuries that an employee herself caused …

Employees don’t have to use ineffective grievance process

03/01/2008
Employers in a union environment may think that all employees have to follow the collective bargaining agreement to resolve discrimination claims. But if that process is tainted or woefully inadequate, employees can sue under California’s Fair Employment and Housing Act instead …

Don’t hide mandatory arbitration clause in application

03/01/2008

If you want to avoid expensive and time-consuming legal fights and the uncertainty a jury brings to the equation, a mandatory arbitration agreement might seem like the most attractive way to settle employment law disputes. By pushing legal challenges into arbitration, you may save time and money—but only if you can get the agreement to stick …

Diapers and spankings: equal opportunity humiliation or sexual harassment?

03/01/2008

You may remember a case that garnered lots of publicity a few years ago. A saleswoman claimed that her employer’s team-building activities were really a form of sexual harassment. A jury agreed, giving her $1.4 million in damages for having to endure public spanking and other indignities. Now the employer will get another shot at the case in front of a new jury …