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Employment Law

No promotion postings? You’re courting a bias suit

02/22/2012
Employers that don’t post internal promotion opportunities are risking unnecessary lawsuits. The fact is, when jobs aren’t posted, employees can sue over the lost opportunity to apply.

Beware too much control over contractor! You could be liable for unemployment comp

02/22/2012

You may think that a long-term arrangement with an independent contractor to provide professional services will never be considered an employment relationship. But that’s not true if you exert too much control over the way the work is done. And according to a recent Commonwealth Court decision, it doesn’t take all that much control.

Employee acting as her own lawyer? Prepare for a long slog through the legal system

02/22/2012
Ten years of litigation has finally come to an end now that a federal appeals court has tossed the last claims of an employee who acted as her own lawyer.

More union members in 2011, thanks to private-sector gains

02/22/2012

Changing economic conditions and favorable rule-making in Washington helped U.S. union membership increase to 14.8 million workers last year, according to the Bureau of Labor Statistics. Organized labor gained 49,000 new members in 2011.

Court: False harassment complaint is grounds for termination

02/22/2012
A recent state appellate court decision offers clarification about how employers can handle an employee’s false or exaggerated sexual harassment complaints.

Jury awards almost $865,000 to Muslim security guard

02/22/2012
A San Francisco jury has awarded $865,000 to a Muslim security guard who says his co-workers and super­visors called him a terrorist and an al-Qaida member.

New state wage theft act requires pay notices

02/22/2012

California’s Wage Theft Prevention Act, which went into effect Jan. 1, criminalizes willful violations for nonpayment of wages and sets civil penalties for failure to pay minimum wages. It also requires employers to provide employees with wage notices …

Drivers, forklift operators win $17.7 million in age-bias suit

02/22/2012
Six Los Angeles-area soda company employees will share a whopping $17.7 million in damages awarded after they successfully sued the Dr Pepper Snapple Group and related companies for age discrimination.

Employee resigns in the middle of litigation? Courts unlikely to order you to change policies

02/22/2012
When courts find that an employee has been discriminated against, they often order the employer to end the practice or policy that was the basis for the lawsuit. But when the employee voluntarily quits before the case is over, that remedy isn’t available.

Employee has complained about discrimination? He still has to follow all legitimate rules

02/22/2012

After an employee files an EEOC or internal discrimination complaint, it’s natural for him to worry about retaliation. Every move by a supervisor or HR will be filtered through that lens. You need to be on guard against retaliation, too.