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Employment Law

You might want to sit down: New class-action danger arises

12/22/2009

California employers are popular targets for lawyers looking for the next big lawsuit hit. They may have found a new one right under their … well … butts.

Beware ‘injury discrimination’ suits for failing to treat injured workers like other employees

12/22/2009

California law makes it illegal for employers to discriminate against employees who are hurt at work. For example, if an employer requires those hurt at work to use vacation time for medical appointments while other employees can take sick leave, that would be illegal discrimination.

Joint-employer status may come down to who cuts the paychecks

12/22/2009

You may be liable for wage-and-hour violations involving people you don’t ordinarily think of as actual employees. That’s because California uses a long list of factors to consider when deciding whether someone is an employee. One of those factors: Who provides the individual’s paycheck and makes tax deductions? Another factor: Who gives directions to the worker?

Settlement offer can’t be used against you later

12/22/2009

Offering an employee a severance payment in exchange for releasing any legal claims won’t be used against you. Courts want to encourage dispute settlement—and if severance offers could be used against employers later in court, cases would rarely be settled.

Use statistics early to blow shaky lawsuits out of water

12/22/2009

Employees who sue for discrimination have to come up with some evidence before the case can advance beyond the initial stages—and before it gets progressively more expensive for employers paying the legal bill. Employers that fight back right away with statistics showing there was no discrimination can save big bucks in the long run.

Lawry’s Restaurants agrees to settle gender bias claims

12/22/2009

Lawry’s Restaurants recently agreed to settle a gender discrimination class action alleging that the chain hired only women for its food server positions. The EEOC filed the suit after Lawry’s Las Vegas restaurant refused to accept a male busboy’s application for an opening as a food server.

New rule on partial-day absence

12/22/2009

On Nov. 23, the California Division of Labor Standards Enforcement issued an opinion letter stating that employers may deduct vacation and sick leave banks for exempt employees’ partial-day absences of fewer than four hours without risking their exempt status.

Shoe’s on other foot now as Puma agrees to wage settlement

12/22/2009

Puma North America has agreed to settle a class-action lawsuit alleging that it failed to pay on time about $350,000 to hundreds of employees. Judge Valerie Baker Fairbank conditionally certified the class to include the company’s hourly, nonexempt retail store employees who received late paychecks between 2004 and 2008.

Can nonbeliever employees sue for religious discrimination, too?

12/21/2009

Employees have a legal right to work in an environment free from discrimination and harassment—even religious harassment. They should not have to endure harassment based on their faith, membership in a particular religion—or even their lack of faith. Remember: You can tell employees to stop proselytizing in the workplace.

Survey: Employers expect more lawsuits in 2010

12/21/2009

Corporate counsels are preparing for a big year of litigation, with 42% of them anticipating an increase in legal disputes their companies will face in the next 12 months. That’s up from 34% last year, according to the annual litigation survey by Fulbright & Jaworski.