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Employment Law

Kaiser Permanente settles overtime suit for $9 million

07/01/2007

Kaiser Foundation Health Plan recently paid $9 million to settle a class-action lawsuit alleging overtime violations. The mediated settlement …

U.S. Supreme Court asks solicitor general to review California law

07/01/2007

The U. S. Supreme Court in May invited the U.S. solicitor general to file an amicus brief addressing whether the National Labor Relations Act (NLRA) pre-empts a California law …

UPS drivers win class-Action settlement for back meal-Break pay

07/01/2007

The U.S. District Court for the Northern District of California has approved an $87 million settlement in a case brought by former and current UPS drivers …

Arbitration covers claims for unpaid bonus and severance

07/01/2007

The California Court of Appeal recently ruled that binding arbitration mandated by an arbitration agreement could determine a former employee’s wage claims for an unpaid profit-sharing bonus and severance pay …

Who pays for employees’ uniforms?

07/01/2007

Q. Must a company pay for the cost of providing and maintaining workers’ uniforms?

When do employers have to pay employees for training time?

07/01/2007

Q. Occasionally, we offer in-house training and development programs for our employees. These programs are strictly voluntary and are not conducted during normal working hours. Our company has never paid employees for the time spent attending such training. Is this legal?

 

Do applicants have to reveal disabilities during the hiring process?

07/01/2007

Q. We recently extended an employment offer to an individual who was later determined to be unable to perform the essential functions of the position due to a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

Employees Must File Discrimination Cases Within 180 Days

07/01/2007

Two recent court decisions—one by the U.S. Supreme Court and another by  a Georgia court—mean employers may soon see a spike in lawsuits brought by employees rushing to meet a 180-day deadline for filing discrimination claims.

Brawling in the workplace? Investigate and discipline promptly

07/01/2007

While you probably have rules in place that dictate civil behavior in your workplace, you may not have a clear plan for dealing with the aftermath of an actual violent confrontation. You should …

When terminating, you don’t have to be right as long as you’re reasonable

07/01/2007

Courts aren’t set up to serve as super-personnel departments. They generally will let the experts—that’s you—decide how to manage your work force. As long as you act in good faith and believe you are doing the right thing, the courts probably won’t second-guess you …