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Employment Law

How not to institute an arbitration clause

07/01/2007

In light of recent California appellate court decisions addressing the enforceability of arbitration agreements, many employers may consider having employees sign one of these contracts. First, consider the following case …

Uniformity key to investigations that stand up in court

07/01/2007

When it comes to employee complaints and how your organization responds to them, uniformity is the most important factor …

Preference for religion may be illegal discrimination, too

07/01/2007

Religious discrimination need not be based on bias against an employee’s religion. The reverse is also possible …

Kaiser Permanente settles overtime suit for $9 million

07/01/2007

Kaiser Foundation Health Plan recently paid $9 million to settle a class-action lawsuit alleging overtime violations. The mediated settlement …

U.S. Supreme Court asks solicitor general to review California law

07/01/2007

The U. S. Supreme Court in May invited the U.S. solicitor general to file an amicus brief addressing whether the National Labor Relations Act (NLRA) pre-empts a California law …

UPS drivers win class-Action settlement for back meal-Break pay

07/01/2007

The U.S. District Court for the Northern District of California has approved an $87 million settlement in a case brought by former and current UPS drivers …

Arbitration covers claims for unpaid bonus and severance

07/01/2007

The California Court of Appeal recently ruled that binding arbitration mandated by an arbitration agreement could determine a former employee’s wage claims for an unpaid profit-sharing bonus and severance pay …

Who pays for employees’ uniforms?

07/01/2007

Q. Must a company pay for the cost of providing and maintaining workers’ uniforms?

When do employers have to pay employees for training time?

07/01/2007

Q. Occasionally, we offer in-house training and development programs for our employees. These programs are strictly voluntary and are not conducted during normal working hours. Our company has never paid employees for the time spent attending such training. Is this legal?

 

Do applicants have to reveal disabilities during the hiring process?

07/01/2007

Q. We recently extended an employment offer to an individual who was later determined to be unable to perform the essential functions of the position due to a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?