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Employment Law

Discrimination, harassment, retaliation cost LAFD $6.2 million

09/01/2007

A California Superior Court jury recently awarded a city firefighter $6.2 million in a lawsuit claiming race discrimination, sex discrimination, harassment and retaliation under the Fair Employment and Housing Act …

Vista may not release data on those who employ day laborers

09/01/2007

Recently, a Superior Court for San Diego County issued a temporary restraining order to stop the city of Vista from releasing the personal information of employers registered to employ contingent workers. The decision came after Vista passed an ordinance requiring registration of anyone who hired day laborers from “uncontrolled locations” …

Making it mandatory boosts ER workplace violence training

09/01/2007

A study in the July issue of the Journal of Occupational and Environmental Medicine found that workplace violence training for hospital employees occurs more frequently in states where the law requires such courses …

Former Fresno State volleyball coach awarded $5.85 million

09/01/2007

California Superior Court jury in Fresno has awarded $5.85 million to a former Fresno State volleyball coach who filed a discrimination suit after she was fired in 2004. The award covered back wages, future lost pay and emotional distress …

Fresno officer settles age, disability claim for $825,000

09/01/2007

Fresno city policeman, who claimed the city forced him into early retirement following an on-duty motorcycle accident, has settled his age-discrimination and failure-to-accommodate claim for $825,000 …

EEOC Focuses on ‘Family-Responsibilities Bias’

09/01/2007

The EEOC recently issued enforcement guidance declaring that disparate treatment of employees who care for children, parents or other family members violates federal law. “Disparate treatment” generally means an employer intentionally treated employees differently because of a protected factor such as race, gender, age or—in this case—their need to care for family members …

The legal risks of employee loitering: How ‘Hanging around’ can hang you out to dry

09/01/2007

Here’s another good reason (beyond overtime-pay risks) to discourage employees from hanging around before or after their shifts: If they get hurt, they may be able to sue you directly, rather than going through the workers’ comp system. Here’s how to avoid this legal hazard.

Document discharge reasons before taking action

09/01/2007

Faced with a performance problem, too many employers seize on the first reason to discharge an employee instead of thoroughly reviewing the person’s work and documenting any problems in his or her file. That’s fine, if the firing rationale stands up to scrutiny and the employee doesn’t sue. But if the employee claims some form of discrimination, you want the reason you chose to be rock-solid …

Ignoring lawsuits can cost employers big bucks

09/01/2007

Nothing makes a former employee’s attorney sing for joy more than an employer that ignores a lawsuit. In fact, when employers ignore lawsuits and hope they will go away, it’s almost certain the attorney—and the employee the attorney represents—will have a fast and easy payday. That’s why you should immediately contact counsel with any legal papers that come your way …

Without clause, employers can’t escape paying full wages

09/01/2007

When it comes to employment contracts, it’s wise to include an escape clause. Here’s why: If you don’t specify that you can terminate the contract early and then find yourself having to eliminate the employee, you may have to pay that employee the full amount he or she would have earned working the entire term of the contract …