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Employment Law

It’s not just the feds: States crack down on contractor misclassification

05/19/2012
The DOL  and IRS continue to aggressively enforce laws against misclassifying employees as independent contractors. But a major shift has taken hold in the past two years, with state legislatures and regulators actively taking a greater role in cracking down on companies that misclassify workers as independent contractors.

California Supreme Court rules on handling meal and rest periods

05/18/2012
In April, the Cali­­for­­nia Supreme Court finally issued its opinion in Brinker v. Superior Court. In a major victory for California employers, the court issued clear rules on how and when employee meal and rest periods must be provided.

Under the ADA, you may not have to accommodate absenteeism

05/18/2012
In a case that tested the limits of an employer’s attendance policy, a nurse who had requested an accommodation that would have excused her from her employer’s five un­­planned absences limit has lost her appeal and won’t have her case reinstated. The 9th Circuit Court of Appeals upheld the dismissal of the nurse’s lawsuit.

Court limits document access in Cal/OSHA lawsuit

05/18/2012
A state Court of Appeals has ruled that Cal/OSHA does not have to produce 2,200 files covering several years in a lawsuit over enforcement of California’s regulations designed to safeguard workers from work-related heat illness.

Feds probe pay at restaurants in Los Angeles, San Francisco

05/18/2012
The U.S. Department of Labor’s Wage and Hour Division announced in April that it’s cracking down on alleged restaurant-industry violations of the Fair Labor Standards Act in Los Angeles and San Francisco.

New law cuts state funding in cities that restrict PLAs

05/18/2012
On April 26, Gov. Jerry Brown signed a bill denying state construction funds to cities that have ordinances that restrict the use of project labor agreements (PLAs).

Employer wins suit, but not legal fee reimbursement

05/18/2012
Congratulations! You just won a lawsuit filed by an employee who said you cheated him out of meal breaks. Now, can you get the employee to reimburse your legal fees? No, said the California Supreme Court.

Employee can’t sue union under California FEHA law

05/18/2012
Employees sometimes don’t agree with the way their union resolves complaints. But that doesn’t mean they can sue the union under the Cali­­for­­nia Fair Employment and Hous­­ing Act. They must use federal law as the basis for their lawsuits.

Arbitration agreement silent on class actions? Then, court says, they’re not allowed

05/18/2012
A California appeals court has ruled that if an arbitration agreement doesn’t say whether class-action arbitration is allowed, then it isn’t.

Ensure email policy spells out access rules

05/18/2012
When it comes to securing em­­ployees’ email accounts against internal hacking, leave nothing to chance. Make it clear that you forbid employees from illegitimately accessing co-workers’ email—and that it’s grounds for dismissal.