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The U.S. Supreme Court has ruled that wage and hour cases filed in state court under the federal Fair Labor Standards Act can be moved to federal court at an employer’s request. Employers might prefer to have a case heard in federal court for a number of reasons, including the higher standard applied to jury verdicts. […]
Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]
Federal lawmakers are currently debating a variety of bills that could affect the workplace. Here’s a rundown of what’s on the table.
The U.S. Supreme Court will take up several workplace-related cases this year. In one, the court will review a Ninth Circuit ruling regarding the type of evidence a terminated employee can use to prove job discrimination when an employer has both legitimate and illegal reasons for the discharge. Other cases on the court’s docket involve […]
The federal Equal Employment Opportunity Commission has updated its enforcement guidance concerning reasonable accommodation and undue hardship under the Americans with Disabilities Act. The revisions stem from a recent U.S. Supreme Court ruling that it is unreasonable for an employer to have to reassign a disabled employee if doing so would violate a seniority system, […]
Suppose a nightclub waitress complains to her employer that male customers often grope her. Her employer ignores her reports, turning a blind eye to the customers’ actions. Can the waitress sue the employer for workplace harassment? A California Court of Appeal recently faced this issue and—in a controversial opinion that may not hold up—has decided […]
As the enactment deadline for the 2001-2002 state legislative session came down to the wire, Gov. Davis signed a variety of important employment-related bills into law. We’ll provide a complete rundown of all the new measures in a Special Report next month. But here’s a look at some of the more significant new laws, which […]
If an employer fails to pay wages as required by contract or law, the employee has the option of filing a wage claim with the state Labor Commissioner. And the commissioner’s decision can be appealed to a trial court. In the event of such an appeal, the law says that the party (either the employee […]
On October 7, 2002, the U.S. Supreme Court reconvened for a new session. The court’s docket this term includes a case involving whether physician-shareholders can be counted as employees for purposes of determining employer coverage under the Americans with Disabilities Act and a case regarding whether state employers can be sued for violations of the […]
The U.S. Supreme Court has ruled that the National Labor Relations Board erred when it found BE&K Construction Co. guilty of unfair labor practices for suing several unions to stop their campaign against the company. BE&K sued after the unions picketed and distributed leaflets to force the company to build a power plant using only […]