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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...
On November 4, 2003, San Francisco voters approved Proposition L, a minimum wage ordinance that requires virtually all employers to pay at least $8.50 per hour for work performed within the geographic boundaries of the...
Nov 04, 2003
Employment Discrimination
Federal Court in New York Emphasizes Importance of Non-Discrimination Policies and Training in Denying Employer’s Motion for Summary Judgment
A U.S. District Judge in New York relied heavily on an employer’s failure to distribute a non-discrimination policy to its employees and to train its employees concerning diversity issues in denying the employer’s...
Oct 20, 2003
Wage & Hour Issues
New California Legislation Increases Penalties for Labor Code Violations and Steps Up Enforcement with Private Lawsuits
In one of his last acts before leaving office, Governor Gray Davis has signed into law the “Labor Code Private Attorneys General Act of 2004.” The law, which takes effect on January 1, 2004, allows employees to...
Oct 11, 2003
Labor Relations
NLRB Reiterates that an Employer’s Implementation of Proposal to Apply “Marketplace Pay” is Unlawful
It is well settled under the National Labor Relations Act (the “NLRA”) that, after bargaining to a good faith impasse with the union that represents its employees, an employer has the right to unilaterally...
Oct 11, 2003
Labor Relations
NLRB Limits Employer Right to Discipline for Violation of No-Solicitation Rule
In an effort to strike a balance between the right of employers to control the workplace and the right of employees under the National Labor Relations Act (the “NLRA”) to engage in union organizational activity,...