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Employment Law

Supreme Court nominee Sotomayor brings balanced employment law perspective

05/26/2009

Experts say Judge Sonia Sotomayor, President Obama’s Supreme Court nominee, will bring a pragmatic perspective on employment law to the High Court if she is confirmed. Here’s a rundown of employment law decisions she has rendered from her current seat on the 2nd Circuit Court of Appeals.

Supreme Court rules on maternity leave, pregnancy discrimination

05/19/2009

The Supreme Court on May 18 ruled that women whose retirement benefits are worth less because they weren’t credited for time spent on maternity leave before enactment of the Pregnancy Discrimination Act can’t sue to recover lost funds. Learn more about a case with important implications for benefits programs.

Look for firing trends that could signal bias

05/15/2009

In a case that illustrates why you should review all your employment decisions for potential hidden bias, a California appeals court has ruled that employees can use other employees to testify that they, too, were discriminated against in the same way.

Retaliation threat ends when employment does

05/15/2009

Employees who blow the whistle on their employers’ alleged illegal actions are protected from retaliation. But that protection has important limits. One of those is that the retaliation must take place while the employee is still working for the employer.

Pregnant employee? Make every effort to accommodate temporary restrictions

05/15/2009

Terminating a pregnant employee because she has minor medical restrictions can be very expensive. The move may mean you have to make the employee financially whole—plus pay a large punitive damage award and attorneys’ fees. Here’s the best way to handle temporary medical restrictions associated with pregnancy:

Good news: The clock eventually runs out on negligent hiring after you’ve fired worker

05/15/2009

You probably know that employers can and are sometimes held liable if their employees harm customers. That’s especially true if they knew or should have known that the employee might be dangerous. But your potential liability—if you negligently hired an employee in the first place—doesn’t go on indefinitely.

Government employers get some backup: You’re free to harshly punish harassers

05/15/2009

If you are a public employer, you know how hard it is to punish an employee. Now the California Court of Appeal has made it a little easier by overturning a Civil Service Commission decision that merely slapped a harasser on the wrist. Now it’s clear that government employers have to take serious measures to end harassment in the workplace.

Suing over tip pools may end in California Supreme Court

05/15/2009

Employees who believe their employers may be forcing them to participate in a tip pool and may be diverting part of the tips to owners or managers who aren’t entitled to them may or may not have a right to sue on their own behalf.

Court rules some arbitration agreements are enforceable

05/15/2009

Employers sometimes can’t get arbitration agreements to stick in California. Now an appellate court has finally upheld such an agreement.

Judge rejects class-action bid in San Diego taxi case

05/15/2009

Judge Charles Hayes of the California Superior Court for the County of San Diego recently denied class certification to a group of taxi drivers who claimed they were improperly classified as independent contractors rather than employees.