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News Notes: California Supreme Court Lets Stand $355,000 Award To Worker Who Revealed She Was Gay
The state high court has refused to throw out a $355,200 damage award to a lesbian employee who claimed she was fired after confiding to her boss she was gay. Jan Overholtzer worked for 18 years in the West Contra Costa Unified School District print shop. She said she revealed her sexual orientation to her […]
Readers Agree: OT Rules Resented by High-Earning Employees
Our thanks to the 334 readers who participated in Bob Brady’s survey on the vexing problems with overtime laws and high-end inside salespeople. Here’s a compilation of your responses. (Go here to see original column.) In the January 9, 2009, column, I wrote about high-earning, “nonexempt” employees and their overtime eligibility. At BLR we have […]
Workplace Legislation: What’s Going on in Washington, D.C., That Could Affect California Employers
Last month we reported on legislative action under way in Sacramento. In this issue, we give you a similar heads up on key employment-related legislation, on the table in the nation’s capitol, that could also impact your workplace.
DOL Tip Pool Regs Can Stand, Split Appellate Court Says
By Kate McGovern Tornone, Editor The U.S. Department of Labor’s (DOL’s) limits on tip pools are valid, the 9th U.S. Circuit Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—reaffirmed September 6, denying a request for it to reconsider its opinion on the issue.
E-Alert Item: Gender Discrimination: Cap on Lawsuit Damages Doesn’t Discriminate Against Women
After a jury awarded Jill Lansdale $1.1 million in her gender-bias lawsuit against Hi-Health Supermarket in Arizona, a court promptly reduced the award to $200,000, which is the maximum permitted under federal Title VII (for employers the size of Hi-Health). Lansdale argued that the cap discriminated against women, especially because race-bias suits aren’t subject to […]
News Notes: Court Affirms Religious Employers Are Exempt From Bias Laws
The California Supreme Court has clarified that nonprofit, religious entities may be exempt from state anti-discrimination laws regardless of how they are incorporated. A nurse at Mercy Healthcare Sacramento sued the hospital for sex and race bias after she was passed up for a promotion. Mercy asked to have the case thrown out, relying on […]
News Flash: Workers’ Comp Covers Employee’s Cosmetic Surgery
A California Court of Appeal has ruled that a mechanic whose face was disfigured in a workplace explosion can have cosmetic surgery covered by workers’ compensation. The mechanic suffered severe burns when a welding torch ignited a fireball inside the fiber glass tank he was dismantling. The state Workers’ Compensation Appeals Board had determined that […]
Obama to Appoint Controversial NLRB Nominee Craig Becker
On March 27, President Barack Obama announced his intent to use his constitutional power to make appointments while Congress is in recess to appoint Democrat Craig Becker to the National Labor Relations Board (NLRB). This is the first time the President has used recess appointments. Becker, a union attorney, has been a controversial nominee since […]
Americans With Disabilities Act: EEOC Issues New Guidelines On When You Do—And Don’t—Have To Accommodate Disabled Employees
The federal Equal Employment Opportunity Commission has released comprehensive guidelines designed to help its investigators analyze complaints-and help employers comply with their accommodation obligations-under the Americans with Disabilities Act. The new enforcement guide attempts to answer frequently asked employer questions on a range of topics-from how to handle medical verification of a disability to when […]