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Employment Law

Harassment + retaliation + defamation = $168 million

04/19/2012
A federal jury in Sacramento unanimously awarded $168 million in damages and lost wages to a physician assistant for various claims lodged against her former employer, Catholic Healthcare West (CHW).

Comment alone won’t support hostile environment claim

04/19/2012

Some employees think all criticism equals harassment—the slightest insult triggers an angry response and a formal complaint. When that happens, investigate the claim. If there’s nothing to it, say so and move on. You may be sued, but chances are the case will quickly be dismissed.

Court: Professional licensure can require fingerprinting

04/19/2012
A federal court has upheld a Cali­for­­nia state requirement that nurses who want to renew or apply for a professional license must submit a set of fingerprints along with their applications. The prints are needed to conduct criminal background checks.

California federal court rules: Government agency must insure employee’s same-sex spouse

04/19/2012
In a case that’s already being appealed, a federal district court has ruled that a federal agency must enroll an employee’s same-sex spouse in the employee’s health care plan.

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

04/19/2012
Determining the amount of overtime pay depends on employees’ hourly rate of pay for the first 40 hours. That can sometimes be more complicated than it sounds, especially for employers that pay their hourly employees a set amount for their entire workweek, including overtime.

When employee files lawsuit after lawsuit, it’s time to ask court to stop new ones

04/19/2012
Some employees make a hobby out of suing employers. The next time you face a serial litigant, ask your attorney to try to persuade the court to ban further filings. More and more courts are willing to agree.

DOL goes nuts on Sunnyvale’s Crazy Buffet

04/19/2012
A federal judge has ordered Sunnyvale-based Crazy Buffet to pay its workers $404,000 in damages following a U.S. Department of Labor investigation. The Chinese-food buffet restaurant had a policy of not paying wages to workers, although it allowed them to keep their tips.

Court strikes down NLRB pro-union poster requirement

04/19/2012

A federal appeals court has tempor­arily blocked the National Labor Re­­lations Board (NLRB) from requiring employers to display a controversial poster telling workers they can form or join a union. An injunction indefinitely postpones the posting requirem­ent, which was to have taken effect on April 30.

You don’t have to police meal-break work

04/19/2012

After years of employer uncertainty, the California Supreme Court has finally resolved what em­­ployers must do to provide meal and rest breaks. They must make sure employees are relieved of all duties during the breaks. However, they do not have to ensure that no work is performed during breaks.

Remove offensive materials, then educate staff

04/19/2012
When sexually offensive signs or pictures appear in the workplace, it’s smart to remove them right away. But getting rid of tasteless material isn’t enough to stop a harassment lawsuit. This case shows that it pays to go one step further by educating employees on harassment.