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The Ninth Circuit Court of Appeals has ruled that a public employee whose First Amendment rights are violated can sue even if the employee wasn’t terminated or disciplined—if an adverse employment action was taken that was reasonably likely to deter the employee from engaging in constitutionally protected speech. But in another case, the same court gave […]
Now that Sacramento lawmakers have wrapped up the 2001-2002 legislative session, several employment-related measures sit on Gov. Davis’ desk, awaiting his signature or veto. Among the bills Davis is considering are measures that would establish a paid family leave program, prohibit mandatory arbitration, and create new penalties for health and safety violations.
The California Assembly has approved a bill, A.B. 2317, that would hike the penalties for employers who violate the state’s prohibition against gender bias in pay for employees who perform jobs of equal skill, effort, and responsibility. Under the current law, employees who suffer pay discrimination can sue to recover the wage differential plus an […]
Funding gains by U.S. corporate pension plans in September were erased in October, according to data Mercer Investment Consulting Inc. released Nov. 5. Mercer reports that the aggregate deficit in pension plans S&P 1500 companies sponsored increased by $26 billion during the latest month, to $619 billion. This deficit corresponds to an aggregate funded ratio […]
Francisco Vasquez, a Los Angeles County probation officer, sued the county for discrimination and retaliation after he was involuntarily transferred and a warning letter was placed in his personnel file. The federal Ninth Circuit threw out Vasquez’s lawsuit, however, finding neither act was an adverse employment action. The transfer wasn’t adverse simply because Vasquez preferred […]
Forty-nine percent of day laborers polled for a new study said that an employer denied wages for work they completed in the previous two months. In the study, “On the Corner: Day Labor in the United States,” 48 percent of day laborers said that an employer underpaid them during the same time period; 44 percent […]
By a vote of 315 to 116, the U.S. House of Representatives has voted to approve legislation that would boost the federal minimum wage from $5.15 per hour to $7.25 per hour in three steps over a period of 26 months. The measure now moves to the Senate for consideration. Under the legislation, the federal […]
Under California wage and hour law, computer software professionals can qualify for overtime exemption if they meet certain duties requirements and are paid a specified hourly rate, set annually based on inflation rates by the state Department of Industrial Relations. On Jan. 1, 2007, the minimum hourly rate for exempt computer software professionals will be […]
In a dispute over an employer’s workers’ comp return-to-work policy, the U.S. Supreme Court has refused to overturn a $2.5 million award to an employee of Dillard Department Stores in Nevada. Deloris Beckwith, a 64-year-old sales manager, hurt her back on the job and filed a workers’ comp claim. Beckwith charged Dillard tried to make […]