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The Labor Code Private Attorneys General Act, dubbed the “bounty hunter” or “sue your boss” law, went into effect on Jan. 1, 2004. The controversial law gave employees in California almost unlimited rights to sue their employers for just about any Labor Code violation—and to recover the statutory penalties and attorney’s fees.
California law requires that employers provide female employees who wish to express breast milk for nursing infants with: A reasonable opportunity to take breaks for the purpose of expressing breast milk, which can be timed with the employee’s regular break schedule; and Reasonable access to a private location to express breast milk, other than public […]
The Equal Employment Opportunity Commission (EEOC) recently announced a record-setting settlement resolving a class-action lawsuit against Sears, Roebuck and Co. under the Americans with Disabilities Act (ADA) for $6.2 million and significant remedial relief. The consent decree, approved on September 29, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC’s […]
A systems administrator has been ordered to serve one year in jail for destroying computer files worth $237,550 at Digital Link, a Sunnyvale engineering firm. An Chi Tran quit his job after his supervisor gave him a written reprimand. The company then changed its passwords to block his access to its central computer system. But […]
Many employers try hard to curtail employee claims against them, or at least to channel such claims away from the courts and into less costly forums. Some have done this by forcing employees to promise not to file a class action suit; others allow class actions, but require that they be resolved through arbitration. The […]
Writing job descriptions has become so time-consuming and legally complex some managers just ignore using them and deny themselves a valuable HR tool. A solid prewritten or sample program might be the answer. They’re often the unwanted stepchildren of the HR office. Stashed on a high shelf. Stored in a dusty binder. Written, filed, and […]
Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]
In the wake of the recent scandal involving late-night host David Letterman, Mike Maslanka, editor of Texas Employment Law Letter, provides advice on how to deal with the relationship dynamics between the top brass and their subordinates in his latest podcast. A top boss must never become romantically involved with a subordinate, says Maslanka. In […]
The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because the one employee who refused to participate was forced to bear the entire cost of […]
In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]