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News, trends and analysis in employment law, HR, safety & workers' comp

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Jul 22 2011
CaliforniaWage and Hour

CALIFORNIA:  California overtime covers out-of-state residents working in California

Nonexempt employees who work in California for a full day or a full week are covered by California overtime law, even if they reside in another state, ruled the California Supreme Court. The U.S. Ninth Circuit Court of Appeals came to the same conclusion in 2008, but later withdrew their opinion and asked the California…

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Jul 20 2011
Leave LawsQ&A

Can an employee qualify for FMLA leave for an adult child?

Tips: There are no easy answers when it comes to applying the FMLA and ADA to a particular situation, but don’t assume that an employee can’t take FMLA leave for an adult child. Because of the expanded definition of disability under the ADA, it’s very likely that an employee will qualify for such leave. Review…

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Jul 15 2011
Labor Relations

NLRB proposes faster elections, more reporting

The National Labor Relations Board recently issued two significant proposals affecting employers. One proposal would streamline the process for workers to vote whether to have a union represent them. Once a union files a petition to hold an election, employers would have to submit information more quickly and would have fewer opportunities to appeal (76…

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Jul 07 2011
California

CALIFORNIA: Jail time for owners who failed to provide fall protection

Two owners of a San Francisco roofing company are on their way to jail, following the death of an employee who fell from a roof. During the investigation into the employee’s death, Cal/OSHA discovered that there were absolutely no safety measures in place at the worksite; no workers wore fall protection and there were no…

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Jun 29 2011
Affirmative Action

Affirmative Action: OFCCP settles compensation case for $250,000

AstraZeneca, a major pharmaceutical company, has agreed to pay $250,000 to settle allegations that female sales specialists were underpaid compared to their male counterparts. The alleged discrepancies were discovered during a routine affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP).   This case is notable for two reasons. First, the agency’s…

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Jun 27 2011
Oregon

OREGON: Governor signs more 2011 employment bills

HB 2034 gives the Oregon Bureau of Labor and Industries (BOLI) greater involvement in regulating apprenticeship programs. It also limits the length of the apprentice’s probationary period, so that it is up to one year or 25 percent of the length of the program. Effective May 27, 2011.   HB 2039 gives BOLI the power…

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Jun 24 2011
Drug and AlcoholWashington

WASHINGTON: No duty to accommodate medical marijuana

In a victory for employers, the Washington Supreme Court affirmed that authorized use of medical marijuana under state law doesn’t excuse an employee’s positive drug test. Employers in Washington are therefore free to enforce company policies that provide for discipline or termination of workers who test positive for marijuana, regardless of whether the use of…

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Jun 22 2011
Uncategorized

Alert: Supreme Court rejects class action against Wal-Mart

The U.S. Supreme Court has thrown out a proposal to lump together one and a half million current and former female employees as class action plaintiffs against Wal-Mart. The lawsuit alleged that the company violated Title VII of the Civil Rights Act by discriminating in pay and promotions against female workers. To the companys chagrin,…

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Jun 20 2011
Uncategorized

Denying FMLA leave for lack of sufficient information okay

An employee sought time off for post-traumatic stress disorder. She gave her employer a partially completed WH-380E form, along with a prescription and a letter from her psychiatrist, but the form failed to identify any medical facts in support of the diagnosis. The doctor had simply indicated that the employee needed to have 120 days off work for her condition,…

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Jun 17 2011
Uncategorized

Study shows significant number of employers likely to drop health coverage

A recent survey by an online business journal, McKinsey Quarterly, indicates that as many as 30 percent of employers will “definitely” or “probably” stop offering employer-sponsored health insurance after 2014. Among the other surprising findings, the Like it or not, health care reform is here to stay, whether on the state or the federal level,…

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Jun 15 2011
CaliforniaDisability

CALIFORNIA: FEHA may require extended leaves of absence

It’s risky to automatically terminate an employee who has exhausted their protected leave, that’s what you can take away from a recent case from a California district court. An employee suffering from lupus was placed on leave under the federal Family and Medical Leave Act (FMLA) and was out for 12 weeks. Since she was…

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Jun 09 2011
Affirmative ActionImmigrationWage and Hour

Federal agencies promise to coordinate enforcement of employment laws

The U.S. Department of Labor (DOL) has taken significant steps to coordinate with other federal agencies in enforcing employment laws. The DOL has signed a new Active Case Enforcement” procedures during an affirmative action audit. Before beginning an audit, DOL’s Office of Federal Contract Compliance Programs (OFCCP) will check with other federal agencies to find…

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