On September 23, 2002, Governor Gray Davis signed new legislation, the Family Temporary Disability Insurance program (“TFDI”), making California the first state in the country to offer workers paid family leave....
Sep 27, 2002
Employment Discrimination
New Connecticut Statute Bars Employers from Inquiring About, or Taking Adverse Action as a Result of, Sealed or Expunged Conviction Records
Connecticut has adopted a new law regarding criminal history questions on job applications. To comply with the law, many Connecticut employers will find it necessary to revise their employment applications and their...
Sep 23, 2002
Employment Discrimination
Litigating Employment Disability Discrimination Claims Without the ADA: What the State and Local Laws Do that Federal Law Doesn’t
A Comparison of the Definition of “Disability” in the Americans With Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law Presented by Dennis A. Lalli to the Fall Meeting...
Sep 23, 2002
Labor Relations
Eighth Circuit Overturns NLRB Ruling On Supervisory Status of Television News Producers
In a recent decision, Multimedia KSDK, Inc. v. NLRB, 2002 WL 31011133 (Sept. 10, 2002), the U.S. Court of Appeals for the Eighth Circuit overturned a ruling by the National Labor Relations Board (“NLRB” or...
Sep 04, 2002
Employment Discrimination
Ninth Circuit Holds That Employers May Not Bar Former Employees From Re-Employment Because Of Past Drug Addiction
Employers may not refuse to rehire former employees based on past drug or alcohol addiction, according to a June 2002 decision by the Ninth Circuit Court of Appeals. Hernandez v. Hughes Missile Systems Co., 292 F.3d 1038...
Aug 26, 2002
General Employment Issues
Publicly-Held Companies Are Prohibited From Making Loans To Corporate Officers And Directors, According To The Sarbanes-Oxley Act Of 2002
The Sarbanes-Oxley Act of 2002 (the “Act”), which was signed by President Bush on July 30, 2002, is intended to rein in corporate and accounting misdeeds by closely regulating corporate governance and reporting...
Jul 28, 2002
Labor Relations
NLRB Overturns Successor Bar Rule
In a recent decision, the National Labor Relations Board (the “NLRB”) limited the obligations of a successor employer to the union which represented its predecessor’s employees. MV Transportation, 337 NLRB...
Jul 19, 2002
Employment Discrimination
California Supreme Court Rules that Age Discrimination in Employee Benefits Does Not Violate State Law
The California Fair Employment and Housing Act (“FEHA”) (Gov’t Code § 12900 et seq.) protect individuals from discrimination in the workplace. Specifically, the Act protects those age forty or older by...
Jul 11, 2002
Employment Discrimination
Infrequent Incidents of “Boorish” Behavior Insufficient to Create Hostile Environment, Second Circuit Rules
The U.S. Court of Appeals for the Second Circuit in New York recently reversed a $150,000 jury award in a sexual harassment case, finding that the complained of conduct did not rise to the level of an actionable hostile...
Jul 11, 2002
Employment Discrimination
Second Circuit Rules that Sexual Harassment Plaintiffs who have Submitted to a Supervisor’s Sexual Advances Establish Automatic Vicarious Liability
The U.S. Court of Appeals for the Second Circuit recently ruled that an employee who submits to her supervisor’s unwelcome sexual advances suffers a “tangible employment action,” with the result that the...