Tag: Supreme Court

Religious Accommodations: New Decision Says Accommodating Trucker’s Religious Beliefs Against Working Alongside Women Involved Undue Hardship

By Jennifer Carsen Aug 1, 2002 HR Management & Compliance

Updated: May 18, 2015

David Virts was an “over-the-road” truck driver at Consolidated Freightways Corp.’s Nashville, Tenn., terminal. Virts refused to go on overnight “sleeper runs” with female drivers because it would violate his religious beliefs. Now a federal appeals court has ruled that the trucking company wasn’t required to accommodate Virts because it would have been an undue […]

News Notes: Labor Commissioner Clarifies Wage Protection For Undocumented Workers

By HR Daily Advisor Staff Jul 1, 2002 HR Management & Compliance

Updated: May 19, 2015

Seeking to clear up confusion arising from the Supreme Court’s recent ruling that undocumented workers who are victims of unfair labor practices aren’t entitled to recover back pay, the California Department of Industrial Relations has released a statement clarifying its wage enforcement policy. The department’s position is that all California workers—whether or not they’re legally […]

ADA Accommodations: Supreme Court Rules That Seniority Systems Ordinarily Need Not Yield To Accommodate Disabled Workers, But There May Be Exceptions

By Jennifer Carsen Jun 1, 2002 Uncategorized

Updated: Jun 1, 2002

Most employers know they need to consider a disabled worker’s request for reasonable accommodations, which could include reassignment to another job. But does an employee’s demand for a particular accommodation trump your seniority rules? Not in most cases, according to a new U.S. Supreme Court decision that brings needed clarity to this question. But the […]

Immigrant Workers: Supreme Court Says Employers Can’t Be Ordered To Pay Back Wages To Illegal Workers; Practical Impact

By Jennifer Carsen May 1, 2002 HR Management & Compliance

Updated: May 19, 2015

When the National Labor Relations Board determines that a worker’s firing violated federal labor laws, it generally orders the employer to reinstate the worker and pay back wages. But what if the worker wasn’t legally permitted to work in the United States in the first place? The U.S. Supreme Court previously ruled that the NLRB […]

News Notes: High Court Makes It Easier To File Discrimination Complaints

By HR Daily Advisor Staff Apr 1, 2002 HR Management & Compliance

Updated: May 18, 2015

The U.S. Supreme Court has ruled that an employee doesn’t have to include sufficient evidence to prove their bias claims at the time they file their lawsuit, and that such evidence can be developed later on as more facts are discovered. The new ruling involved Akos Swierkiewicz, a 53-year-old of Hungarian descent, who claimed that […]

Family And Medical Leave: Supreme Court Says Employer Who Fails To Give FMLA Notice Is Not Required To Grant More Than 12 Weeks Of Leave

By Jennifer Carsen Apr 1, 2002 Uncategorized

Updated: Apr 1, 2002

A Labor Department rule provides that when an employer fails to notify an employee that leave qualifies under the federal Family and Medical Leave Act, the time off does not count toward the 12 weeks per year the employee is entitled to under the FMLA. Federal courts have split over whether this regulation is valid—and […]

Sexual Harassment: Court Says Employers Are Automatically Liable For Supervisor Harassment In California; Preventive Measures More Important Than Ever

By Jennifer Carsen Jan 1, 2002 HR Management & Compliance

Updated: May 18, 2015

Although the California Fair Employment and Housing Act is modeled on federal anti-discrimination laws, the state law is often more protective of employee rights. A California Court of Appeal has now ruled that when it comes to employer liability for sexual harassment by a supervisor, the state statute is stronger—and you can’t take advantage of […]

Sexual Harassment: Supervisor Fired For Crude Remark Wins $1.2 Million; When Can You Fire A Harasser?

By Jennifer Carsen Sep 1, 2001 HR Management & Compliance

Updated: May 18, 2015

Frank Lemon, the service manager for Fresno-based heavy equipment distributor J.M. Equipment Co., was fired without warning for making a sexually explicit remark to a female employee. Lemon sued, arguing that the company had until then tolerated a pervasive atmosphere of vulgar language and sexually charged conduct and that he was really terminated because J.M. […]

News Notes: Insurance Adjusters Win $90 Million In Back Overtime

By HR Daily Advisor Staff Aug 1, 2001 HR Management & Compliance

Updated: May 19, 2015

Farmers Insurance Exchange has been ordered to pay $90 million to 2,400 adjusters who claimed they were misclassified as exempt administrative employees and cheated out of years of overtime pay. The record-breaking award by an Alameda County jury could ultimately top $130 million with interest and attorneys’ fees. The adjusters, who make an average of […]