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News Notes: Employer Defends Harassment Suit By Pointing To Employee’s Prior Sexual Conduct

A California appeals court has ruled that when an employee sues for hostile work environment sexual harassment, the employer can rely on evidence of the employee’s own sexual statements and conduct with the alleged harasser—whether in the workplace or not—to prove that the alleged harassment wasn’t unwelcome or abusive. The case involved a legal secretary […]

EEOC’s Proposed ADA Regulations Now Available

The Equal Employment Opportunity Commission’s (EEOC) Notice of Proposed Rulemaking (NPRM) — which would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA) — is now available at www.HRhero.com/eeoc/eeoc_proposedregulations.pdf. The NPRM interprets the requirements of the ADAAA, which Congress passed in late 2008 to make it easier for […]

Pension Plans: Many County Employees May Be Entitled To Higher Benefits

Several counties, and possibly other public employers as well, may soon be paying out a lot more in retirement benefits. The reason is a new decision by the state Supreme Court that said a Southern California county improperly excluded certain cash payments when calculating pensions under the County Employees’ Retirement Law. Retirees File Suit In […]

Safety: DOL Offers Nine Tips for Safe Holiday Parties

If you’re planning a holiday party for employees, be sure to check out the U.S. Department of Labor’s Working Partners for an Alcohol- and Drug-Free Workplace website, which offers nine important tips for planning a safe holiday party and preventing impaired driving.

News Notes: Can Union Contracts Bar Discrimination Lawsuits?

Mandatory arbitration of employment disputes continues to be controversial. One unresolved issue has been whether union contracts can require workers to arbitrate all employment disputes. The U.S. Supreme Court has now agreed to rule on this question.11 Although arbitration clauses for various workplace disputes have been used for years in union contracts, courts have disagreed […]

News Notes: Study Reveals Why Many Small Employers Don’t Offer Health Insurance

Some common misconceptions keep small employers from offering health benefits to their employees, according to a recent study by the UCLA/UC Berkeley Health Insurance Policy Program. The study revealed that 38 percent of California employers with 10 to 50 employees don’t offer coverage. The reasons why include these erroneous perceptions: it’s too expensive; it doesn’t […]

Survey Says: Break Claims Down, Misclassifications and Overtime Up

Meal/rest break claims are down significantly, while misclassifications and overtime cases remain strong, says the 7th Annual Litigation Trends Report from international law firm Fulbright & Jaworski LLP. Fulbright surveyed senior corporate counsel on their experiences and opinions regarding litigation. The survey had 403 participants, 275 whom were from the U.S. Of the U.S. companies […]

News Notes: Labor Department Reminds Employers That Service Time Counts Toward FMLA Eligibility

The federal Labor Department has issued a memorandum clarifying its position on the rights of returning uniformed service members to take family and medical leave. The department says that active duty time must be counted toward these workers’ eligibility to take time off under the Family and Medical Leave Act. In particular, employees generally become […]