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Management Newsletters

              Summer 2008 - Management News

• Employer May Not Violate Employee's Privacy Rights by Accessing Employee's Personal E-mails or Text Messages
• Court Finds Lack of Exigent Reason for Submitting "Low Risk" Govt. Contract Employees to In-Depth Background Checks
• High Court Rules Administering and Insuring ERISA Paln Creates Conflict of Interest
• Ninth Circuit Affirms Back Pay and Reinstatement to Workers Terminated for Failing to Correct "No Match" Letters
• Inspectors' Commute Time Held Not Compensable
• Court Holds Employer Not A Guaranor of Meal Breaks
• Employee Entitled to Recover for Work Lost due to FMLA Realiation
• Video of Injured Employee Working on House Insufficient to Defeat FMLA Claim
• Ninth Circuit Allows Driver Without Air Conditioning to Proceed with ADA Claim
• Court Rejects "Association" Claim of Caucasian Employee
• "Same Actor" Defense Denied
• Last Minute Claim of Physical Disability Under FEHA Rejected
• Federal Contractors Required to Use E-Verify
• Congress Passes Genetic Discrimination Ban

Spring 2008 - Management News

• FMLA Amendments Provides Up to Six Months Leave to Family of Military Personnel
• Employers May Deny Employment to Medical Marijuana Users
• California's Supreme Court Rejects Individual Liability for Retaliation
• Supreme Court Enlarges Remedies Available to Defined Contribution Plan Participants
• Court Validates Employee's CFRA Claim Despite Continuance of Part-Time Job
• FMLA Is Applied to Contract Employee
• Starbucks Ordered to Pay $105 Million to Baristas for Illegal Tip Sharing
• Court Rejects Unfair Competition Claim Against Ex-Sales Manager
• Employer May Be Vicariously Liable for Employee's Assault of Customer
• Undistributed Arbitration Agreement Held Unenforceable
• Director of Network Operations Held Exempt
• Store Manager Found Exempt Under FLSA
• Resident Property Managers Not Entitled to Pay for "On Call" Time
  

Fall 2007 - Management News

• Save The Date! November 7
• What You Need to Know About Immigration Compliance
• Employers Win 2 of 3 Recent California Supreme Court Arguments; Class Arbitration Waivers Hang in the Balance
• FedEx Must Repay Expenses of Drivers; High Court to Clarify Duty to Indemnify Employee Expenses
• Ninth Circuit Enforces DOL Supervised Waivers
• Construction Site Held "Separate Site of Employment" for WARN Purposes
• Employee Held to Have Promptly Reported Sexual Harassment
• Software Engineer Held FLSA- Exempt
• Fall 2007 - Management News

Summer 2007 - Management News 

• Two Hill, Farrer & Burrill Attorneys Among Top One Hundred In the United States 
• In Memoriam: Remembering Our Friend and Colleague Stanley E. Tobin
• Supreme Court Rules Home Health Care Workers Employed By Third Parties Are Not Owed Overtime
• High Court Places a Limit on Employees' Ability to Sue for Pay Discrimination
• Manager Unable to Show Firing for Unethical Behavior Was Pretext for Disability Discrimination
• Consultant Providing Customer Support and Training Not Subject to Administrative Employee Overtime Exemption
• California Court of Appeals Denies FEHA Harassment and Disparate Impact Claims Where Incidents Were Few and Far Between
• Delivery Drivers Held Employees, Not Independent Contractors, Despite Evidence Suggesting Otherwise
• Another Employment Agreement Arbitration Provision Bites the Dust
• New EEOC Guidance Addresses Disparate Treatment of Employees Who Are Caregivers
• Employee Held to Have Provided Sufficient Notice for CFRA Leave
• Claim that Religious Affiliations Permeated Advancement Decisions Raises Triable Issue of Religious Discrimination
•  "Combination Exemption" Rejected for Software Engineer

Spring 2007 - Management News

• CA Supreme Court Finds 3-Year Limitations Period Applies to Missed Meal Period Claims
• Court Concludes Supervisors May Be Held Liable for Retaliation Under FEHA
• Ninth Circuit Affirms Class Certification in Wal-Mart Sex Discrimination Case
• EEOC Launches the E-RACE Initiative
• Employee Fired For Violent Outburst May Pursue Disability Discrimination Claim
• NLRA Violated by Employer Restrictions on Union- Related E-mail
• Prohibiting Bulletin Board Usage During Union Campaign Offends NLRA
• Eight Circuit Holds Contraception Coverage Not A Necessary Element of Employee Health Plan
• CA Laws Providing Relief Regardless of Immigration Status Not Preempted by IRCA
• FEHC Further Modifies Harassment Training Regulations
• Employee Expectation of Privacy Gives Way to Employer’s Consent to Computer Search
• Unsympathetic Behavior of Supervisor Did Not Amount to Harassment Under FEHA
• NLRB Split Decision Holds Bus Company Liable for Refusing to Hire Certain Drivers
• Employer Not Liable to Employee Who Rejects Reasonable Efforts to Correct Harassment by Supervisor
• Employee Goes “Driving For Dollars” At Employer’s Expense
• San Francisco Ordinances Impose Heightened  Requirements on Employers

Winter2007 - Management News

• Firm To Hold Breakfast Meeting On Reasonable Accommodation, Wage & Hour Update on February 8, 2007
• Have You Reviewed Your EPLI Policy Lately?
• FEHC Finalizes Regulations On Mandatory Sexual Harassment Training
• Court Rejects CFRA Retaliation Claim
• Secret Taping Of Employees Supports Privacy Claim
• Courier Employees Found Not To Be Independent Contractors
• U.S. Ninth Circuit Rejects Exclusion of Deaf Drivers
• Court Rules GI Was Retaliated Against For Taking Military Leave
• Advance Of Commissions Are Not Wages, Court Decides
• Employer May Be Liable For Harassing Conduct Of Non-Employees\
• Board Concludes Mandatory Arbitration Policy Must Expressly Exclude NLRB Charges
• NLRB Decides Important Cases Defining Who Is A Supervisor
• DOL Issues Opinion Letters on Mortgage Loan Officers, Respiratory Therapists
  
  Summer 2006 - Management News

• Are You Current On Your Harassment Prevention Training?
• Supreme Court Finds “Creative Workplace” Not Unlawful
• Employee Who Could be Terminated “At Any Time” Held At-Will
• Supreme Court Holds Prop. 64 Applies to Pending Cases
• Court Invalidates One-Sided Arbitration Agreement
• State and Federal Courts Issue Broad Rulings on Disability Discrimination
• Supreme Court Broadens Test for Retaliation Claims
• Ninth Circuit Rejects Challenge to Dress Code
• Wage and Hour Law Notes

Spring 2006 - Management News

• Seminar On Reasonable Accommodations Set For May 23, 2006
• Employee With A History Of Violence Covered Under ADA
• Court Rules That Permanent Accommodation Of Disabled Employee Is Not Required
• Waiver Of Class Action Arbitrations Upheld
• Court Denies Arbitration Remedy To Employer Who Breached Agreement
• Minimum Wage Requirements Held Applicable To Each Hour Worked
• Court Strikes Down Exemption From Second Meal Period Requirement For Construction Employers
• Supreme Court Issues Trio Of Opinions In Employment Cases
• Federal Court Allows Discrimination Challenge To Be Made Against English-Only Rule
• DOL Issues Opinion Letter On Volunteer Home Study

Winter 2006 - Management News

• Firm to Hold Client Meeting on Retaliation, Injured Workers on February 9, 2006
• Court Clarifies Standards For Retaliation
• Court Permits Claim Against Sears' Extended Leave Policy
• Illegal Aliens May Receive Workers' Compensation Benefits
• Marijuana Users May Be Denied Employment Under State Law
• Court Rejects Claim By Laid Off Employees Under California WARN Act
• Two Million Dollar Verdict For Sexual Orientation Harasment Upheld
• High Court Upholds "Donning and Doffling" Claim
• Court Issues Rulings on Meal Breaks, Executive Exemption
• NLRB Issues Rulings On Picketing, Employee Transfers
• DOL Issues Opinion Letters On Professional Exemption And Other Issues

Summer 2005 - Management News

• Arbitration Policy Announced by E-Mail Held Invalid
• FMLA Claim Of Traveling Father Rejected
• Vet Properly Denied Reinstatement As Bar Manager
• Court Holds That Airline Failed To Make Real Job Offer Under ADA
• Psychological Test Ruled Medical Exam Under ADA
• Court Refuses To Issue Injunction Against Unions Bannering
• DLSE Issues Further Revisions To Proposed Meal And Rest Period Regulations
• Exempt Employees May Be Charged With Partial Day Use Of Vacation Or PTO
• DOL Issues Ruling On Motor Carriers Act Exemption

Winter 2005 - Management News

• Firm to Hold Client Breakfast Meeting on February 17, 2005
• New Sexual Harassment Training law Goes Into Effect January 2005
• The New Bounty Hunger Law
• Court Refuses to Enforce Arbitration Agreement Against Applicants
• Supreme Court Refuses to Apply Prevailing Wage Law To Preconstruction Expenses
• Court Expands Reach of OSHA Retaliation Law
• NLRB Reverses Itself With Two Important Rulings
• At-Will Employee Allowed To Sue For Fraudulent Inducement
• FMLA Update

Fall 2004 - Management News

• New FLSA "White Collar" Exemptions And "Safe Harbor" Rules
• State Legislature Amends "Bounty Hunter" Law
• High Court Rules Employer Not Necessarily Liable for Constructive Dischage Claim Based on Sexual Harassment by Supervisor
• NLRB Reverses Itself By Restricting Protections In Investigagory Interviews To Unionized Settings
• Mass E-Mail On Arbitration Plan Found Inadequate Notice To Employees
• Living Wage Ordinaces Upheld
• ADA Update

Winter 2004 - Management News

• Firm to Hold Client Breakfast Meeting on February 26, 2004
• Summary of New Laws Affecting California Employers
• Supreme Court Adopts “Avoidable Consequences” Defense To Sexual Harassment Claims
• State Agency Avoids Liability for Harassment by Employee’s Co-Worker
• Employer’s Bonus Plan Held Illegal
• DLSE Issues Opinion Letter on Employee Meal and Break Periods
• Employer’s Anti-Dating Policy Enforced
• Court Rejects Section 132a Claim By Injured Worker
• Injunction Held Property Issued Against Threatening Employee
• Court Construes “Three Calendar Day” Provision of FMLA
• Employee’s Disability Claim for Failure to Cooperate
• ADA Update
  

Summer 2003 - Management News

• Labor Commissioner Issues Opinion Letters On Sales Commissions And Sick Leave Issues
• Supreme Court Refuses To Enjoin Ex-Employee’s E-Mails
• Termination For Failure To Meet Standards Of Attractiveness Held Unlawful
• Court Rules Arthur Anderson Layoffs Violated Warn Act
• Ninth Circuit Voids One-Sided Arbitration Agreement
• FMLA Rights Denied To Employees Who Abused Family Leave
• Employees “Regarded As” Disabled Not Entitled To Accommodation
• Indefinite Leave Held Not A “Reasonable Accommodation” Under Ada
• Ada Update

Spring 2003 - Management News

• Has Your Company Had An "Employment Policies Checkup" Lately?
• State Supreme Court Extends Arbitration Requirements To Wrongful Discharge Claims
• California Dir Issues Letter Extending Prevailing Wage Laws To Off-Site Work
• State Labor Commissioner Issues Two Rulings Of Importance To California Employers
• State High Court Approves Penalty For Filing Frivolous Wage Claim Appeals
• Court Rejects Employee Claim Of Harassment By Customer
• Worker Lawfully Fired After Stating Intention To File For Bankruptcy
• Courts Issue Restrictive Rulings On Family Leave Laws
• Ada Update

Fall 2002 - Management News

• Firm To Hold Client Breakfast Meeting On December 12
• Summary Of New Laws Affecting California Employers
  • California Fair Employment And Housing Act Amended To Add Age
  • Discrimination
  • Sexual Assault Bill
  • Plaint Closures And Layoffs
  • Sick Leave
  • Payroll Records
• Recovered Drug Addict Allowed To Proceed With Ada Claim
• Court Dismisses Hostile Work Environment Claim Based On Sexual Drawing
• Gay Butler Allowed To Proceed With Title Vii Discrimination Claim
• State Trooper Cadet's Constructive Discharge Claim Dismissed
• An Employer May Enforce Its Policy Against Sexual Harassment Against A Known Union Supporter
• Lawsuit Could Proceed Based On Employer's Authorized Access Of The Employee's Website
• Vegan's "Religious Creed" Claim Denied
• Court Rejects Mandatory Arbitration Clause As Unenforceable
• Insurance Claims Adjuster Held Eligible For Overtime Under California State Law
• ADA Update

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