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News Notes: Positive Workplace Drug Tests Drop To 10-Year Low

The most recent drug testing survey published by SmithKline Beecham Clinical Laboratories indicates the number of workers who test positive for drug use is at an all-time low. Only 5.8% of more than 4 million workplace drug tests the company performed in 1996 were positive, a 13% decline from 1995. Of special interest to California […]

Which Religious Holidays Are Recognized the Most?

Christmas Day — 99% Christmas Eve —  44% Good Friday —  29% Easter — 19% Yom Kippur —  2% Ash Wednesday —  1% Passover —  1% Hanukkah — 1% Rosh Hashanah —  1% Other —  4% Source: Religion and Corporate Culture Survey Report (SHRM, 2008)

Workers’ Comp: New Notices Required

Late last year, the California Division of Workers’ Compensation finalized its amendments to regulations on medical provider networks (MPNs) and the information employers must provide employees.

Same-gender Marriage Debate Continues in the States

Employers still have to contend with plenty of uncertainty regarding employees’ same-gender spouses, regardless of the U.S. Supreme Court ruling in U.S. v. Windsor (No. 12-307, June 26, 2013). That decision may have declared Section 3 of the federal Defense of Marriage Act unconstitutional, but it was a narrow ruling that left divergent state laws […]

New Wyoming law will help employers protect their computer systems

by Bradley T. Cave A Wyoming law going into effect on July 1 creates a new criminal offense—computer trespassing—that may give employers a new tool to prevent employee sabotage. Computer trespassing occurs when a person knowingly and without authorization sends malware, data, or a program that (1) alters or damages a computer, system, or network […]

News Notes: Employers Not Strictly Liable For Supervisor Sexual Harassment

When Leslie Kohler sued under California’s Fair Employment and Housing Act claiming that her supervisor at Inter-Tel Technologies sexually harassed her, Inter-Tel said it wasn’t liable because it had taken reasonable steps to prevent harassment and Kohler had unreasonably failed to take advantage of the employer’s corrective opportunities by failing to report the incidents. Kohler […]

News Flash: Worker Sues Employer For Failing To Set Up A “Green” 401(k) Plan

A senior programmer who was fired allegedly because he complained about his employer’s 401(k) investment options has filed a religious discrimination lawsuit. James Salsman, a former employee of Veritas Software in MountainView, claimed it would violate his Quaker beliefs if his money were invested in businesses that produce weapons. Veritas’ retirement plan limited employees to investing […]

News Notes: Employment Contracts Can Shorten Time to Sue

Provisions in an employment contract between Western & Southern Life Insurance Co. and its sales agents stated that agents had only six months from the date of discharge to file a lawsuit for wrongful termination, even though California law may provide up to four years to sue for breach of contract. The employment agreement also […]

Do Aggressive Decisions Save Money?

Many employers are now making the unhappy discovery that their finance and operations people made aggressive exempt-status and other wage and hour-related determinations that are coming back to haunt their organizations in the form of big wage and hour lawsuits and payouts. Attorney Kurt A. Franklin of the San Francisco office of Hanson Bridgett, LLP, […]