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Employment Law

Lawsuits allege pervasive sexual harassment at Harrah’s

02/22/2010

Three lawsuits filed against Harrah’s Atlantic City casino allege the employer actively covered up sexual harassment by casino employees. Harrah’s is already fighting 13 lawsuits filed against fired manager Raymond Montgomery, who ran a casino nightclub called “The Pool.”

Harassment: State LAD covers outside business relationships, too

02/22/2010

Although the New Jersey Law Against Discrimination (LAD) primarily has been applied to sexual harassment claims involving employers and employees, a new decision by a New Jersey appellate court recognizes that the LAD can also apply to a refusal to engage in business transactions if it is based upon the refusal to comply with requests for sex.

Casual promotion process? Track it anyway

02/22/2010

If you have gone without a formal system for promoting from within—no posting open positions or a casual application process—just because you’re a small employer, watch out! You must still make sure you track the decision-making that goes into each promotion. If a disappointed employee sues, you must be able to explain why some employees were promoted over others.

Juvenile behavior isn’t always harassment

02/22/2010

Teen employees are sometimes clueless about what’s appropriate at work. From time to time, their behavior may seem … well … juvenile. Feel free to counsel youthful employees when things need to be brought back into control. And don’t worry. Kids acting their age doesn’t automatically mean you’re liable for sexual harassment.

SoCal grocery chain fined for teen labor hazards

02/22/2010

The Superior Super Warehouse chain of grocery stores must pay $79,200 in penalties for allowing teenage employees to operate dangerous equipment. The U.S. Department of Labor cited the chain for violations of the Fair Labor Standard Act’s child labor provisions at 33 stores in Southern California.

Challenge huge attorneys’ fees: Courts now have discretion to limit awards in some cases

02/22/2010

One of the biggest shocks employers get when an employee or former employee wins a lawsuit against them is the attorneys’ fee award. Employers typically have to pay the employee’s legal fees and expenses when the employee wins even a modest victory. Those fees can be far greater than the actual lost wages and other damages. Fortunately, the California Supreme Court has stepped in, recently concluding that trial judges have wide discretion to reduce jury awards when the employee’s damages are small but the legal expenses are large in comparison.

Document accommodations process–especially if it breaks down over worker’s suggestion

02/22/2010

Disabled employees are entitled to reasonable accommodations of their disabilities under California’s Fair Employment and Housing Act (FEHA). That includes the obligation to engage in an interactive process to determine what, if any, accommodation is possible. If the process breaks down, employers that acted in good faith won’t be held responsible.

Employees must be free to do as they wish during rest periods, meal breaks

02/22/2010

Under California’s wage-and-hour laws, employees must be completely relieved of their duties during rest periods and meal breaks. Employers can’t count downtime during work hours as rest and meal time.

Court removes ‘unconscionable’ parts of arbitration agreement

02/22/2010

Here’s some good news for employers that use arbitration agreements: A California appellate court has ruled that when only part of an arbitration agreement turns out to be invalid because it is “unconscionable,” the rest of the agreement remains intact if the invalid section can easily be removed.

Senior public employees may get hearing before firing

02/22/2010

Generally, public employees are entitled to a hearing before they are terminated. But in some government functions, employees who work at senior levels are deemed to be serving at the pleasure of the head of their agency or unit.