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On November 13, 2000, the Occupational Safety and Health Administration (OSHA) issued its final ergonomics program standard. The rule will take effect on January 16, 2001, and will apply to all employers except those covered...
Nov 12, 2000
Employment Discrimination
New California Law Permits Co-Workers to Sue One Another for Workplace Harassment
A recent amendment to California’s Fair Employment and Housing Act (“FEHA”), effective on January 1, 2001, will permit co-workers to sue one another personally for unlawful harassment in the workplace. While...
Nov 10, 2000
Employment Discrimination
California Law Broadens Protections for Disabled Employees and Applicants
Many employers, especially those in safety-sensitive industries, express concern that hiring applicants with certain disabilities could pose hazards in the workplace. The Americans with Disabilities Act (the...
Oct 31, 2000
Wage & Hour Issues
Employers Who Take Deductions From Salaried Employees’ Pay May Be Liable for Overtime Compensation, According to Second Circuit
In a case that had been remanded previously by the United States Supreme Court, the U.S. Court of Appeals for the Second Circuit in New York recently ruled that a class of salaried New York City employees might be entitled to...
Oct 25, 2000
Wage & Hour Issues
Discretionary Bonuses Based in Part on Employer’s Performance Do Not Fall Within the Definition of “Wages” Protected by New York’s Wage Payment Statute
In Truelove v Northeast Capital & Advisory, Inc., 3 No. 99 (NY Ct. App. 2000), a case of first impression in New York, the state’s highest court ruled on October 17, 2000 that discretionary bonuses based on an...
Oct 13, 2000
Wage & Hour Issues
New California Law Exempts Some Highly-Paid Software Professionals From Receiving Overtime
Under the California Labor Code, employees who work in excess of eight (8) hours in a day or forty (40) hours in a week are generally entitled to overtime pay. A recent amendment to the Labor Code, effective September 19,...
Sep 06, 2000
General Employment Issues
Federal Appeals Court Strikes Down Family Medical Leave Regulation
The U.S. Court of Appeals for the Seventh Circuit recently struck down a Department of Labor regulation that allowed an otherwise ineligible employee to obtain benefits under the Family Medical Leave Act (the...
Aug 29, 2000
General Employment Issues
California Supreme Court Provides Guidance on Mandatory Employment Arbitration Agreements
As jury verdicts continue to soar (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), many employers have looked to mandatory arbitration agreements to limit the expense and uncertainty of employment...
Aug 25, 2000
General Employment Issues
Ninth Circuit Rules ERISA Plans Obligated to Notify Participants, When Asked, of Potential Amendments Under “Serious Consideration”
The U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled that employers have a fiduciary duty to respond to employee inquiries regarding potential changes to employee benefit plans covered by the Employee...
Aug 08, 2000
Employment Termination
Fifth Circuit Court of Appeals Confirms That WARN Notification Obligations May Be Triggered by Employment Terminations Which Precede a Plant Closing
Any employer contemplating closing a facility or terminating more than a handful of employees should be familiar with the provisions of the federal Worker Adjustment and Retraining Notification Act (“WARN”), which...