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Employment Law

One more reason to keep job descriptions current

11/25/2008

If you don’t have up-to-date job descriptions, you are asking for legal trouble the next time an employee asks for reasonable accommodations under the ADA. Without a current job description, the employee will come up with her own—quite possibly minimizing the essential functions she can’t perform.

Calif. OT law may apply to out-of-state workers

11/25/2008

Do you have employees who live and work in another state, but whose jobs sometimes bring them to California? Then you may be making a big overtime mistake if you pay them as if they were working in their home states.

‘Big Five’ talent agency settles age-bias suit for $4.5 million

11/25/2008

A class of television writers reached a $4.5 million settlement in an age discrimination lawsuit it brought against International Creative Management (ICM), one of Hollywood’s “Big Five” talent agencies.

Clarify contract status by separating arbitration clause from job application

11/25/2008

If, like many employers, you include an arbitration clause in your employment applications, take note of a recent California Court of Appeal case.

Workers who pursue internal discrimination grievances have extra time to sue

11/25/2008

The California Fair Employment and Housing Act requires employees to file complaints with the appropriate state agency within one year of an alleged discriminatory act. But what happens if the employee delays going to the agency and instead tries to resolve the complaint using the employer’s own internal process?

Court: Local governments can create benefit-spending requirements

11/25/2008

Many California employers are viewing a recent decision by a federal appeals court as a setback. The court upheld the right of local governments to pass ordinances that essentially force employers to provide a certain level of funding for employee benefits.

Retirees who take lump sum still have standing to sue

11/25/2008

Don’t think that employees who take their retirement benefits in a lump sum can’t sue for alleged fiduciary breaches. A recent federal appeals court decision says although retirees are not technically employees anymore, they still have standing to sue …

‘At-will’ clause doesn’t turn contractor into employee

11/25/2008

Do your independent-contractor agreements include a clause that allows either you or the other party to terminate the relationship at will, without stating a cause? If so, rest easy …

Union sues Fresno, transit agency for blocking ad

11/25/2008

A health care workers’ union has filed a lawsuit against the city of Fresno, claiming it violated the union’s constitutional rights by failing to allow a union advertisement on city buses.

$33 million Smith Barney sex-bias settlement approved

11/25/2008

A federal district court judge recently approved a $33 million settlement reached between Citigroup and female financial advisors in its Smith Barney unit.