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On May 26, 2004, the Department of Labor (DOL) issued new regulations regarding notice requirements for health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The rules...
Jun 18, 2004
Employment Discrimination
Equal Benefits Bill Would Require City Contractors to Provide Domestic Partner Benefit Coverage
On May 5, 2004, the New York City Council passed a bill which, if it becomes law, will require certain city contractors to provide domestic partner benefit coverage to their employees. The Equal Benefits Bill applies to all...
Jun 18, 2004
Labor Relations
NLRB Reverses Course Again: Weingarten Rights Do Not Extend to Non-Union Workplaces
For the third time in the last 23 years, the National Labor Relations Board (the “NLRB”) has changed its position on whether non-unionized employees are entitled to so-called “Weingarten” rights...
Apr 28, 2004
General Employment Issues
California Court of Appeal Decision Demonstrates How Not to Draft an Arbitration Agreement
A recent unpublished opinion of the California Court of Appeal presents a textbook example of how not to draft an arbitration provision in an employment agreement. In United Revenue Service, Inc. v. Prall, 4th Dist. No....
Apr 18, 2004
Employment Discrimination
Second Circuit Finds Declining Boss’s Advances Does Not Constitute Actionable Sexual Harassment
On April 6, 2004, the United States Court of Appeals for the Second Circuit in New York affirmed summary judgment in favor of Costco Wholesale Corporation (“Costco”), dismissing the claims of a bakery worker,...
It is widely assumed that the new administration of California Governor Schwarzenegger will prove to be more sympathetic to the interests of employers than that of his predecessor, Gray Davis. California employers should...
Feb 27, 2004
Employment Discrimination
Supreme Court Concludes that the ADEA Does Not Prohibit Reverse Age Discrimination
It came as a great surprise and disappointment to the employer community when, in July 2002, the United States Court of Appeals for the Sixth Circuit held that the federal Age Discrimination in Employment Act (the...
Dec 20, 2003
Employment Discrimination
California Supreme Court Recognizes Damages-Limiting Defense to Sexual Harassment Claims Under the Fair Employment and Housing Act
The California Supreme Court recently ruled that an employer in a sexual harassment case may limit a plaintiff’s damages if it can show that the damages could have been prevented by the plaintiff with reasonable effort...
Dec 10, 2003
General Employment Issues
Fair Credit Reporting Act Amendments Signed by President Bush
On December 4, 2003, President Bush signed into law the Fair and Accurate Credit Transactions Act of 2003 (“FACT”) (See Congress Amends Fair Credit Reporting Act to Exclude Investigations of Employee Wrongdoing...
Dec 01, 2003
General Employment Issues
Congress Amends Fair Credit Reporting Act to Exclude Investigations of Employee Wrongdoing and to Further Restrict Receipt of Medical Information
The Fair Credit Reporting Act (“FCRA”), among other things, requires employers to obtain written authorization and disclose certain information whenever the employer uses an outside agency to conduct background...