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Employment Law

Remember, ‘persons’ can report FEHA violations–even if they’re partners in the business

06/20/2012
The Court of Appeal of California has ruled for the first time that a partner who reports sexual harassment is protected from retaliation under the Fair Employment and Hous­­­­ing Act (FEHA).

Employee using medical marijuana? Firing won’t be a violation of the ADA

06/20/2012
The 9th Circuit Court of Appeals has taken on medical marijuana and the ADA, concluding that individuals who use marijuana, even if doing so legally under state law, aren’t ­protected from discrimination under the ADA. That means disciplining employees for using medical marijuana won’t violate the ADA.

Yelp! squawks, but settles OT suit for $1.25 million

06/20/2012
A settlement has ended a class-action wage-and-hour suit filed on behalf of nearly 1,000 employees at Yelp!, the website that allows consumers to submit reviews of  restaurants, stores and health care professionals.

Californians trail nation in per capita EEOC charges

06/20/2012
Recent EEOC data don’t back up ­Cali­­fornia’s reputation as a lawsuit-happy state. They show that Califor­­nians proportionately file fewer EEOC complaints than other Americans.

OK if retirement plan favors surviving spouses

06/20/2012
Courts have spent considerable time sorting out the impact of Title VII on defined-benefit pension programs. Does an employer have to equalize the total amount male and female retirees receive? The answer is no.

Limiting same-sex perks, DOMA ‘unconstitutional’

06/20/2012
A federal district court has ruled that the federal Defense of Marriage Act (DOMA) violates the equal protection clause of the Constitution by prohibiting California same-sex couples from signing up for long-term care insurance through the California Public Employees’ Retirement System.

Can we give comp time instead of overtime pay?

06/20/2012
Q. Things are still tight, but our company is picking up. We’d like to have our employees work extra hours in exchange for extra time off when we finally can hire more staff. Can we do this?

Supreme Court ‘pharma sales’ ruling could have broad FLSA implications

06/19/2012
The U.S. Supreme Court has ruled that pharmaceutical sales representatives are indeed outside salespeople under the terms of the Fair Labor Standards Act. It’s a decision that could have far-reaching effects on other wage-and-hour issues. And it’s a big win for employers, regardless of the industries in which they work.

Walmart sees light, settles overtime pay lawsuit

06/18/2012
Walmart has agreed to pay $4.8 million to settle U.S. Department of Labor charges that it misclassified employees working at vision centers in the retail giant’s stores.

It’s time to review your criminal history screening practices

06/18/2012
In April, the EEOC issued a new Enforcement Guidance document on the use of criminal history information in making hiring and other employment decisions. In light of the guidance and the EEOC’s increased focus on discrimination in hiring, employers should review and update their criminal history screening policies and practices.