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Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]

House, Senate HELP Committee Health Care Reform Bills

There has been a flurry of health care reform activity in Washington over the last couple of days. House Democrats unveiled their version of health care reform July 14, which includes a “pay-or-play requirement” directed at employers. On July 15, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved health care reform legislation that […]

Supreme Court Raises Bar for Class Actions

In a ruling that will make it more difficult for employees to mount massive class action lawsuits against employers, the U.S. Supreme Court has reversed class certification previously granted to 1.5 million female Wal-Mart employees alleging sex discrimination against the retail chain. Overturning a 9th U.S. Circuit Court of Appeals opinion, the Court found that […]

News Notes: New Disability Bias Law Is Not Retroactive

Changes to California’s disability bias laws, which took effect Jan. 1, 2001, broadened the class of disabled persons to include those with conditions that make a major life activity “difficult.” This new definition of a disability is a more lenient standard than the “substantial limitation” of a major life activity that was previously required under […]

Legislation and Reform Proposals Whistleblowing: New Laws Change Wage Statement Requirements, Clarify Whistleblower Poster Rule

Governor Schwarzenegger has signed new laws changing the information you must include on employee wage statements and clearing up how large the type must be on your whistleblower posters. Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know […]

EEOC Claims Continue to Rise

According to its annual report issued November 16, 2009, the Equal Employment Opportunity Commission (EEOC) received 93,277 private-sector discrimination charges in fiscal year (FY) 2009, its second highest total in the past 20 years. In addition, the EEOC obtained record relief of almost $300 million for alleged discrimination victims through administrative enforcement. Breakdown of Charges […]

News Notes: Employer Never ‘Paid’ Employee Whose Paycheck Was Illegally Intercepted

  Felix C. Villafuerte complained to the Labor Commissioner that Pasadena-based Inter-Con Security Systems Inc. never paid him his final wages when he quit. Inter-Con claimed it had mailed a final paycheck to Villafuerte but that an unknown person had illegally intercepted and cashed it by forging Villafuerte’s signature. A California Court of Appeal now […]

Trade Secrets: Court Says Employer’s Insurance Policy Didn’t Cover Stolen Information; Are You Protected?

Employers take many steps to try to prevent the loss of trade secrets. You ask employees to sign nondisclosure agreements, implement security systems and train your workforce on how to keep information confidential. Despite your best efforts, a breach sometimes occurs and your trade secrets end up in a competitor’s hands. In a new case, […]