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Employment Law

Lavatory attendants, while not flush, will at least make minimum wage

09/22/2008

An investigation by the New York State Department of Labor (NYSDOL) revealed that lavatory attendants at county fairs in western New York, New Jersey and Connecticut were not only unpaid, but were forced to give 50% of their tips back to their employer, Portlock Maintenance Systems.

State looks to boost pension fund with hedge fund investments

09/22/2008

The New Jersey Department of the Treasury has received court approval to invest $9 billion of the state’s public employee pension fund in alternative investments, including hedge funds, in an attempt to improve performance in a sluggish market.

Prepare now for passage of the Employee Free Choice Act

09/22/2008

Employers must prepare themselves for the very real possibility that the Employee Free Choice Act (EFCA) will become a reality next year. If passed and signed into law, the EFCA would dramatically change the way unions organize workers and how unions and employers negotiate initial collective bargaining agreements.

Calif. Supreme Court upholds strict limits on noncompetes

09/19/2008

If California employers were looking to the state Supreme Court to loosen restrictions on the scope of noncompete agreements, they will be disappointed. The court just concluded that agreements restricting the ability to practice one’s profession are generally invalid …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …

If process was fair, don’t second-guess your hiring decision

09/19/2008

Hiring decisions are tough, especially when you add the worry over whether rejected applicants may think you discriminated against them. But as long as you don’t actively conceal critical facts about whom you hired, rejected applicants have to move fast to sue …

Public employees must file USERRA claims in state court

09/19/2008

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court …

Employing agency determines where public employees’ whistle-blower suits will be heard

09/19/2008

The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for. For example, regular state employees can sue if they first ask for a ruling from the State Personnel Board …

Set clear job requirements to stop bias claims

09/19/2008

Employees who claim they were wrongly denied a promotion for some discriminatory reason (for example, based on race, age or some other protected characteristic) have the initial burden of proving they were qualified for the position they sought. The best protection employers have against such claims: clear, concise and accurate minimum job requirements …

DIR orders record fine for heat-related death

09/19/2008

California worker safety regulators fined Merced Farm Labor Contractor a record $262,700 for allegedly violating state regulations that required it to provide shade, water and breaks to its agricultural workers and to train supervisors and employees about how to lower the risk of employees suffering heat-related ailments …