Exactly three years ago today we published our first post on
laborandemploymentlawblog.com, welcoming everyone to a new legal
blog. Our hope was that people would visit us time and time again,
and benefit from the posts and articles we presented....
The federal Worker Adjustment and Retraining Notification Act (WARN
Act) generally requires covered employers to provide 60 days'
notice of a plant closing or mass layoff. Failure to comply with
the requirements of the Act may subject employers to substantial
liability. Furthermore, a recent decision by Delaware's federal
court reminds parent corporations that they may also be liable for
damages under the WARN Act if a subsidiary lays off employees in a
manner that violates the statute.
Sexual comments and jokes, including a Levitra pen that apparently
grows in length, followed by a complaint with no follow up and then
a termination were what a Sonoma County jury apparently believed
was the hand Shannen De La Cruz , a minimum wage card dealer, had
been dealt. $2 million harrassment verdict against Petaluma card
room.
The 6th U.S. Circuit Court of Appeals has held that a company that
transferred a pregnant employee out of a welding job and into a
light duty tool room job without first undertaking an objective
evaluation of the employeeÂ’s ability to do the welding
job may be liable for violation of the Pregnancy Discrimination Act
(PDA) or the Americans with Disabilities Act. Spees v. JamesBuilt,
LLC, 6th Circ., No. 09-5839, August 10, 2010.
The non-profit organization World Vision is exempt from employees'
Title VII claims of religious discrimination, the Court of Appeals
for the Ninth Circuit has ruled. Spencer v. World Vision, Inc., No.
08-35532 (9th Cir. Aug. 23, 2010). The Court determined that World
Vision, an organization not affiliated with any church, may
discharge employees for religious reasons because it qualifies for
the religious exemption (codified in 42 U.S.C. §
2000e-1(a)) from Title VII's prohibition against employment
discrimination. Accordingly, the Court affirmed summary judgment
for the employer.
The 7th U.S. Circuit Court of Appeals has ruled that a nursing
homeÂ’s policy of complying with patientsÂ’
wishes to be treated only by white health care workers can form the
basis of a racially hostile work environment for non-white
employees.
13 Strategies To Improve Safety, Reduce Exposure, And Improve
Profits The new administration's focus at OSHA, and other
government agencies, focuses less on compliance and increasingly
more on enforcement. That means more inspections, more audits, and
more fines. Here are some ways you can help your company stay out
of trouble.
The Navajo Nation should be joined as a defendant in a case for
employment discrimination under Title VII of the Civil Rights Act
brought by the Equal Employment Opportunity Commission, the federal
appeals court in San Francisco has ruled. EEOC v. Peabody Western
Coal, No. 06-17261 (9th Cir. June 23, 2010). The EEOC had sued a
mining company for discrimination against non-Navajo Indians by
maintaining an employment preference for Navajo workers. Avoiding
any ruling on the merits of the case, the Ninth Circuit Court of
Appeals ruled that the EEOCÂ’s claims for injunctive
relief should be allowed to proceed, but claims for damages should
be dismissed. The case was returned to the district court for
further proceedings.
The City of Yakima, Washington did not violate the Americans with
Disabilities Act by requiring a police officer to undergo a
fitness-for-duty exam (“FFDE”) after he
repeatedly exhibited emotionally volatile behavior, a federal
appeals court in San Francisco has held. Brownfield v. City of
Yakima, No. 09-35628 (9th Cir. Jul. 27, 2010). The Court also
rejected the officerÂ’s claim that the City violated
the Family and Medical Leave Act by requesting the FFDE.
Accordingly, the Court affirmed summary judgment in favor of City.
The Ninth Circuit has jurisdiction over Alaska, Arizona,
California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
If one looks at the research on older workers -- those who are at
or close to retirement age -- one finds what Peter Cappelli,
director of Wharton's Center for Human Resources, calls "an
incredible amount of discrimination, bigger even than
discrimination against race or gender." Older people, he says,
often find it difficult to get a job, partly because relatively
young supervisors are reluctant to hire and then manage employees
who are decades older, even though these employees are the type of
worker many employers say they want.
Generally, the Socal Security Act provides that individuals may
enroll in Medicare Part B (which covers doctors visits and other
outpatient services) when they reach age 65. If they fail to do so
during a seven-month initial enrollment period surrounding their
65th birthday, they can enroll during an annual "general
enrollment" period that occurs each January 1- March 31, with
coverage becoming effective the following July1, though they will
incur a penalty in the form of permanently higher Part B premiums
(10% increase for each year of available coverage that is
foregone). However, actively employed individuals who have
employer-provided health coverage can postpone signing up for
Medicare Part B until after age 65. When they lose the
employer-provided coverage or terminate employment, wh...
A lot of people want to know if they are hurt on job, will they get
paid for the time they missed at work? We explain the legal
situation--you need to know that it actually depends!
Sharesa Price thought it was just another in a series of sinus
infections. Her head and eyes hurt, and she was vomiting. But then
Price had a seizure, and a brain scan found something far more
troubling. “When I got home, the phone was ringing.
It
was the doctor’s office, and they told me, `Brace [...]
Pizza Pub pays $40,000 to settle a sexual harassment lawsuit filed
by the Equal Employment Opportunity Commission ("EEOC") on behalf
of an 18-year old female worker. According to published accounts
the manager of Pizza Pub subjected the female worker to physical
touching and verbal comments of a sexual nature. The sexual
harassment included telling her that he wanted to lick frosting off
her body. The employee objected to his behavior but when it
continued, she quit her job which is called constructive discharge.
If an employee is being sexually harassed at work and cannot escape
the harassment other than quitting her job, it is the same as being
fired. In this case the young woman was unable to escape the
comments and physical harassment so she quit. Management needs to
do a better j...
(U.S. 1st Cir., Civil Rights, Evidence, Labor & Employment Law)
In plaintiff's suit for employment discrimination based on race and
retaliation, district court's grant of defendants' motion for
judgment as a matter of law is affirmed where, for substantially
the same reasons as the court indicated below, the record reveals
no significant evidentiary basis for the verdict.
Looking for pensions get cash for structured settlement payment but
are not sure where to start? It can be a lot of confusion as to
payments of payments and settlements do not even know many people
have the opportunities that are available to them. Some may wonder
why the judges have a structured settlement [...]
August 2009, during my last pregnancy, routine lab tests were done
at Dr. Thomas Lee’s office in Montclair CA. Before the
results of these test were back, I transferred to a different
doctor. I signed a release form, and requested my information be
faxed over to my new doctor, little did I know that the [...]
OFCCP Initiates Regulatory Revisions for Affirmative Action
Obligations Toward Individuals with Disabilities and Covered
Veterans
By Robin E. Weideman Today the California Supreme Court issued its
decision in Reid v. Google, an age discrimination case decided
favorably for Google at the trial court level. The trial
court threw the case out on summary judgment, finding that the
plaintiff’s evidence of “stray remarks” by
non-decisionmakers and/or unrelated to the decision-making process,
was insufficient evidence of discrimination to merit a trial.
The appellate court reversed the order granting Google summary
judgment and held that the evidence of stray remarks was admissible
and could be considered by the court in finding sufficient evidence
of discrimination to deny an employer’s motion for summary
judgment. Today the California Supreme Court agreed and
rejected strict...
By Robin E. Weideman Today the California Supreme Court issued its
decision in Lu v. Hawaiian Gardens Casino, holding that Labor Code
section 351 does not provide private litigants a direct right to
sue for an alleged taking of their gratuities by their employer.
The Lu case is a tip pooling case, in which the plaintiff alleged
that his casino employer unlawfully required the plaintiff to
contribute 15-20% of his tips to a tip pool that was then
distributed among various employees. The plaintiff alleged
that the tip pooling arrangement violated Labor Code section 351,
which mandates that tips are the property of the employee for whom
they are left. The trial court and the appellate court both
held that the plaintiff’s Labor Code section 351 claim was
not a viable cl...
Now that Congress recently approved another extension to federal
unemployment benefits (finally!), obviously those receiving
benefits want to know if they qualify for the extension.
Washington's Employment Security Department Employment Security
Department recently issued a press release asking claimants to...
Last week, the California Supreme Court decided Reid v. Google,
Inc. This case is yet another reminder to California employers that
it is worth their while to train their employees and supervisors to
be cautious about what they say and what they put into writing in
emails, memos, and so on. The case also illustrates the critical
importance of employers being able to articulate the precise
reasons why an employee is being terminated, communicating those
exact reasons to the employee, and having documentation to prove
all this in the event of litigation. Mr. Reid worked at Google for
20 months. Google's Vice President of Engineering, Wayne Rosing,
(then age 55) hired Reid (then age 52) as Director of Operations
and Director of Engineering. In addition to Rosing, Reid also in...
In Louie Hung Kwei Lu v. Hawaiian Gardens Casino, Inc., et al.,
S171442, the California Supreme Court concluded that California
Labor Code Section 351 does not provide a private cause of action
for employees to recover any misappropriated tips from employers.
Plaintiff Louie Lu ("Plaintiff") was employed as a card dealer at
Defendant Hawaiian Gardens Casino, Inc. (the "Casino"). The Casino
had a written tip pooling policy that required dealers to set aside
15-20% of the tips received each shift, which were deposited into a
"tip pool bank account" and later distributed to designated
customer service employees. The tip pool policy expressly
prohibited employers, managers, and supervisors from participating
in the tip pool. Plaintiff brought a ...
Wal-Mart has petitioned the US Supreme Court for certiorari to
review a 9th Circuit decision that upheld certifying a class of
approximately 1.5 million women who are claiming sex discrimination
as to pay and managerial promotions in violation of Title VII.
[Details, link to cert petition] Question presented in the petition
for certiorari: In a sharply divided 6-5 decision that conflicts
with many decisions of this Court and other circuits, the en banc
Ninth Circuit affirmed the certification of the largest employment
class action in history. This nationwide class includes every woman
employed for any period of time over the past decade, in any of
Wal-Mart’s approximately 3,400 separately
managed stores, 41 regions, and 400 districts, and who held
positions in any of approximately 5...
Online job postings have increased in almost every sector according
to Monster's Employment Index, with computer, education and office
and administrative jobs seeing double-digit percentage growth, the
San Francisco Chronicle reports. The article outlines
eight occupations in which employers are hiring - using online ads
- at the fastest rate and reports that legal hiring has increased a
healthy 29%.  ...Read Full Post
IÂ’ve written on lactation and sexual harassment
policies – I didn’t anticipate the
opportunity to discuss both in the same article. As reported in the
Washington Post, the Library of Congress recently settled a sexual
harassment lawsuit brought by one of its librarians. In the
lawsuit, she alleged that the (former) Chief of the Law Library for
the Library of Congress sexually harassed her and other librarians.
Among the specific allegations were that he made comments about
female staffersÂ’ bodies and informed some
heÂ’d tasted human breast milk.
Executive Order 13496's employee notice posting requirement became
effective June 21, 2010. While no clause implementing the
requirement has been finalized by the Federal Acquisition
Regulation (FAR) Councils, an interim clause has been issued. Below
are common questions regarding this new requirement for federal
contractors and subcontractors.
“Paspaley Nanyang Pearl’s most fascinating is its
distinctive depth, quality and rich Pearl-the magnificent magazine
coming out. Summary: Paspaley Nanyang Pearl’s most
fascinating is its distinctive depth, quality and rich Pearl coming
out of the magnificent Guanghua, Paspaley is Australia’s
famous pearls, with unparalleled gloss, is famous for its beautiful
and volume, so that the world’s top Jewellers alike, but also
makes the name Paspeley is equivalent to the world’s most
beautiful pearls. The Jade boutique is located in the city’s
famous luxury brand, Kunlun meeting. From Beijing from noble
Shuyuan, common feel to public Visual jade jewelry and the soul.
The Jadeite jewellery show the success of the Chinese traditional
artis...
At the start of each new day you probably step out into your garage
and think to yourself “This could be a great space!”
You may think changes would take a great deal of money and time,
but it would be great to have additional living or storage space.
You may have dreams of turning [...]
Officials in New Mexico closed a San Juan County business for
alleged non-compliance with the state’s workers compensation
insurance coverage requirements. According to New Mexico
Business Weekly, a representative from the New Mexico Workers
Compensation Administration, accompanied by New Mexico State
Police, closed and locked the doors of Four-Four Inc, aka H&S
Enterprises, dba Circle S. The company’s operations include
pipeline work and convenience stores. (WCxKit) State officials
withthe Workers Compensation Administration compliance bureau said
the company allowed its workers comp insurance to lapse as a result
of non-payment of premiums in September 2009. This is the third
time the company is out of compliance since 2007, according to
state officials. The firm ...
If you're hiring a contractor, you'll want to avoid common mistakes
when drafting a consulting or work-for-hire agreement. Chief among
these are ambiguities in defining ownership and copyrights relating
to intellectual property generated during the contract. Federal law
is complex in this arena, so you'll want to make sure that you have
a legally-binding agreement which clearly defines copyright
ownership. You'll also want a clear definition of payment terms and
schedules. It is best to have an attorney review your contract, but
since this will incur additional costs, you can also opt to use a
free template and fill it out yourself. If you go the free template
route, I'd recommend using Rocketlawyer's Work for Hire template.
Like the others, its free to use, but they will have an in-hou...
Moo's business cards are the best in the online printing industry,
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See all packages and discounts About Moo Business Cards When
you're handing out a business card to a new contact, it's
more than just a piece of paper - it's...
If you want a life of excitement, perhaps you should consider a
career in criminal justice. Most people are familiar with
uniformed city and state police officers, but there are many other
career opportunities including private detectives and
investigators, probation officers, corrections officers, parole
officers, even fish and game wardens. Many entry-level
applicants for police jobs have often completed some formal
postsecondary education at accredited career schools. A significant
number are college graduates. Criminal justice degrees, both
bachelors and masters, are offered through many online and
on-campus schools throughout the country. Search for a
criminal justice school now What are your prospects? The U.S.
government* predicts steady job growth for many ...
If you want a life of excitement, perhaps you should consider a
career in criminal justice. Most people are familiar with uniformed
city and state police officers, but there are many other career
opportunities including private detectives and investigators,
probation officers, corrections officers, parole officers, even
fish and game wardens. Many entry-level applicants for police
jobs have often completed some formal postsecondary education at
accredited career schools. A significant number are college
graduates. Criminal justice degrees, both bachelors and masters,
are offered through many online and on-campus schools throughout
the country. Search for a criminal justice school now What are your
prospects? The U.S. government* predicts steady job growth for many
law enforcem...
Looking for a solid online degree program to help you advance your
career? You'll want to get your degree from a program that has a
good reputation with employers and one that is affiliated with a
top university. After searching for months, I finally came up with
this list: Online degree programs: search now First
Institute: Founded in 1982, First Institute has been
offering exciting new career paths to the residents of Northern
Illinois in Travel, Computer Technologies and Health Care. Our
Nationally Accredited Programs have trained nearly 3,000 men and
women to become employed in the Travel Industry, Computer
Technology Industries and the Healthcare Industry, currently in
such fields as Medical Assisting, Medical Office Administration,
Massage Therapy and De...
If you're filing an LLC or incorporation online, you want to make
sure to get the best price - from a legitimate legal firm, that is.
There are plenty of fly-by-night operations out there so you want
to be careful not to get ripped off. The two best sites for filing
an LLC right now are Rocketlawyer and MyCorporation (owned by
Intuit). Rocketlawyer Filing an LLC or corporation (S-Corp or
C-Corp) with Rocketlawyer right now is a great deal since
they are running a free offer where you can get your incorporation
documents completed for free! It comes as a part of a free trial to
the Rocketlawyer legal forms service - which is also a good service
if you often need simple legal forms and don't want the hassle of
talking to an attorney for small issues. I subscribe to the
Rocketla...
