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Employment Law

Following recent cases, review piece-rate pay & commissions

08/22/2013
In April 2013, a California Court of Appeal decided that automobile service technicians, who were paid on a “piece-rate” basis, must also be paid at least the minimum hourly wage for the time that they are required to wait between their piece-rate-paid repair jobs. On July 19, the California Supreme Court refused to review the appeal court ruling, making it binding law.

Man sues California prisons for sex bias, harassment

08/22/2013
The DOJ is suing the California Depart­­ment of Corrections and Reha­­bili­­ta­­tion (CDCR) on behalf of an employee who alleges he suffered sex discrimination and harassment. The lawsuit alleges that for more than a year, a female co-worker sexu­­ally harassed the man.

California’s Miller introduces job training legislation

08/22/2013
Rep. George Miller, the ranking Demo­­crat on the House Committee on Education and the Workforce, has introduced H.R. 2721, the Pathways Back to Work Act. The bill would help low-income, unemployed workers find jobs or train for new ones.

Track all ADA requests to establish timeline

08/22/2013
Track each request for ADA reasonable accommodations, along with your response. An employee’s right to sue over the denial begins as soon as it becomes obvious that her employer refused to accommodate her, and won’t be extended just because she keeps asking for an accommodation.

No workers’ comp for sloppy-drunk employee

08/22/2013
A worker who drank himself silly at work, fell and hit his head has lost his workers’ compensation claim.

Court cuts slack for bankrupt employee, declines to enforce traditional litigation rules

08/22/2013
Employees who lose their jobs may not understand that if filing for bankruptcy, they must list any potential litigation claim as an asset. Federal courts have dismissed even obviously valid employment discrimination lawsuits when employees failed to disclose such claims in their bankruptcy paperwork. That may no longer continue, if this recent case is any indi­­cation.

Fashion tip for the fall season: Don’t tolerate teasing about clothing

08/22/2013
Here’s a warning for your super­­visors and managers: If an em­­ployee complains that other em­­ployees are making fun of his wardrobe choices or other manner of dressing, act fast to stop the teasing.

State slapped down on misclassification: Employers don’t have to defend themselves twice

08/22/2013
A California Court of Appeal has held that an employer does not have to endure two trials on whether its workers are employees or independent contractors. The decision was based on the legal principle of collateral estoppel, since the company had already litigated the issue with a state agency.

The growing risk of ‘caregiver discrimination’

08/22/2013
Remind supervisors that treating employees (or applicants) less favorably because they have caregiving responsibilities can quickly trigger a lawsuit—and that’s more true now than ever. Your management training sessions should include in­­for­­mation on the FMLA, ADA and other laws that affect the issue.

Who’s responsible for filing a workers’ comp claim?

08/22/2013
Q. Our data entry employee has been diagnosed with carpal tunnel syndrome in both hands. She has not submitted a workers’ comp claim but has advised us of her diagnosis. Are we required to file the claim even if she hasn’t?