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Employment Law

Are there any legal issues to consider now that we’re hiring only ‘careful’ workers?

04/20/2011
Q. Recently, several employees suffered work-related injuries shortly after we hired them. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed us to hire only “careful” workers in the future. Is this legal?

What can we ask job applicants? We want to make sure they can physically perform the work

04/20/2011
Q. We are looking to hire several new workers in our receiving department. The job will require lifting heavy boxes. Can we ask applicants about any current medical conditions or disabilities that would prevent them from doing so? Can we ask applicants to pass a physical test to see if they can fulfill the requisite job duties?

L.A. employee unions sue over 2010 furloughs

04/20/2011
The International Union of Operating Engineers and Local 721 of the Serv­ice Employees International Union are suing the city of Los Angeles in the wake of last summer’s mandatory furlough of thousands of municipal employees.

California Supreme Court: Employees get hearing before arbitration

04/20/2011
The California Supreme Court has ruled that arbitration agreements are not enforceable if they require employees to arbitrate wage claims before they have a nonbinding administrative hearing before the State Labor Commissioner.

There’s an app for that: ID theft worries at Disneyland

04/20/2011
Disneyland Resort workers have filed a lawsuit claiming the Walt Disney Co. is violating state law by encoding workers’ identification cards with their Social Security numbers. The workers say they’re worried that the encoded information on their ID cards could be accessed using barcode scanners such as the kind commonly available as smartphone apps.

For 24-hour employees, unpaid uninterrupted sleep is OK

04/20/2011
Employers and employees can agree that up to eight hours of uninterrupted sleep time does not have to be paid.

Employees miss breaks? You owe for each one

04/20/2011

A recent Court of Appeal of California case clarifies that employers that fail to provide appropriate rest and meal breaks must pay a penalty—referred to as a premium payment—for each missed break each day. An employer had argued it only had to pay one penalty per day.

Meal breaks: You must make them available; you don’t have to force employees to eat

04/20/2011

The Court of Appeal of California has ruled that employers are only required to make meal and other breaks available to employees. They don’t have to force employees to take those breaks or eat a meal. Your only obligation: Make sure that no work is required to be performed during scheduled break time.

Federal government employer? You are liable for interest on back pay if you discriminate

04/20/2011
The 9th Circuit Court of Appeals has ruled that the Back Pay Act allows judges to order interest payments to federal government employees who win discrimination lawsuits if the employees were affected by “an unjustified or unwarranted personnel action which resulted in the withdrawal or reduction of all or part” of the employee’s pay.

Review exempt/nonexempt status in wake of court decision on administrative exception

04/20/2011
Good news for employers: The Court of Appeal of California has found that claims adjusters are exempt administrative employees not entitled to overtime. The court rejected the notion that all claims adjusters who work for insurance companies are nonexempt employees without regard to the work they actually perform.