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Employment Law

Overtime violations cost Downey nursing firm $654,082

06/20/2012
A lawsuit prompted by a DOL investigation has resulted in a court order requiring Extended Health Care Inc. of Downey to pay $654,082 to 108 nurses who alleged they missed out on overtime pay in violation of the Fair Labor Standards Act.

Security firm lets down guard on San Jose harassment

06/20/2012
Guardsmark Security will pay $25,000 to settle a national-origin and age-­harassment complaint filed by an employee working in San Jose.

Patient advocacy can’t be basis for CBPC lawsuit

06/20/2012
A federal court has refused to open up yet another avenue for employees who want to directly sue their em­­ployers.

Shuttering related business won’t stop union organizing

06/20/2012
Think twice before shutting down one of several related businesses just to stop the spread of pro-union sentiment. It’s likely to prompt a lawsuit, and a court may well take organized labor’s side.

Public employer? Beware retaliation against employee who testifies in civil rights case

06/20/2012
Ordinarily, civil servants have qualified immunity for actions arising from their official duties as government workers. But punishing a subordinate for testifying in a civil rights lawsuit clearly destroys that immunity.

Remember, ‘persons’ can report FEHA violations–even if they’re partners in the business

06/20/2012
The Court of Appeal of California has ruled for the first time that a partner who reports sexual harassment is protected from retaliation under the Fair Employment and Hous­­­­ing Act (FEHA).

Employee using medical marijuana? Firing won’t be a violation of the ADA

06/20/2012
The 9th Circuit Court of Appeals has taken on medical marijuana and the ADA, concluding that individuals who use marijuana, even if doing so legally under state law, aren’t ­protected from discrimination under the ADA. That means disciplining employees for using medical marijuana won’t violate the ADA.

Yelp! squawks, but settles OT suit for $1.25 million

06/20/2012
A settlement has ended a class-action wage-and-hour suit filed on behalf of nearly 1,000 employees at Yelp!, the website that allows consumers to submit reviews of  restaurants, stores and health care professionals.

Californians trail nation in per capita EEOC charges

06/20/2012
Recent EEOC data don’t back up ­Cali­­fornia’s reputation as a lawsuit-happy state. They show that Califor­­nians proportionately file fewer EEOC complaints than other Americans.

OK if retirement plan favors surviving spouses

06/20/2012
Courts have spent considerable time sorting out the impact of Title VII on defined-benefit pension programs. Does an employer have to equalize the total amount male and female retirees receive? The answer is no.