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Employment Law

Illegal status doesn’t stop job-Bias suit

03/01/2008
 Maria Pineda worked for Bath Unlimited although she didn’t have legal work papers. Two weeks after Pineda divulged her pregnancy, Bath fired her. A court ordered a jury trial, which will focus on pregnancy bias, not her illegal status …

Labor unions concerned about compulsory health care measure

03/01/2008
A growing number of labor unions have recently expressed opposition to A.B.X. 11, which would require all California residents to purchase health coverage by July 2010. Labor leaders argue that the bill doesn’t sufficiently control how much health plans and insurers can charge for coverage …

California nurses union becomes nation’s largest

03/01/2008
In January, leaders of the California Nurses Association/National Nurses Organizing Committee (CNA/NNOC) and the Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP) announced that the two unions have joined forces …

Clerk wins more than $350,000 in disability discrimination suit

03/01/2008
A San Francisco County jury has awarded $353,680 in damages to a data entry clerk who suffered from a chronic condition that often left her with cracked and bleeding skin …

Can we refuse to reinstate an employee who has been out on CFRA leave?

03/01/2008
Q. Under what circumstances can we deny reinstatement to an employee who has been out on leave under the California Family Rights Act?

Are there California laws analogous to the Genetic Information Nondiscrimination Act?

03/01/2008
Q. I know that as an employer, I have to abide by GINA and not discriminate based on genetic information. But are there any state statutes addressing this matter?

Save big bucks: Consult Labor Dept. before denying overtime

03/01/2008
Violate the Fair Labor Standards Act at your peril. If you incorrectly classify an employee as exempt and refuse to pay overtime, you face a possible three-year willful violation statute of limitations—plus the possibility a court will double what you owe. Before you decide an employee is exempt, consult the U.S. Labor Department or a qualified employment law attorney …

Ensure your harassment policy includes requirement to promptly report violations

03/01/2008
Does your company’s sexual harassment policy include a provision that tells employees they must promptly report alleged sexual harassment? If it doesn’t, consider adding such a clause. The wording may help if an employee waits to report that her supervisor was allegedly harassing her …

Making exceptions to the rule can turn the exception into the rule

03/01/2008
Organizations create rules for a reason—mainly to ensure order and fairness. So when a manager or supervisor bends the rules just for some people, he or she may be setting up the organization for a lawsuit. Essentially, the exceptions become the rule, and employees who don’t benefit may sue, alleging discrimination based on a protected characteristic …

AT&T and BellSouth face back-Wage suit

03/01/2008

AT&T Corp. and BellSouth Corp., based in Atlanta, have been hit with a class-action unpaid wage and overtime lawsuit in U.S. District Court, Northern District. The lawsuit seeks back wages for time worked before and after shifts and during meals and rest breaks on behalf of employees in call centers in several states …