By Calvin House | Published January 19, 2009 | Posted in Uncategorized | Comments Off on Criminal Background Questions
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Criminal Background Questions
Although most employers would prefer not to hire workers with criminal records, there are restrictions on what applicants can be required to disclose. For example, Labor Code section 432.7 bars prospective employers from inquiring about arrests that did not lead to a conviction. And, Labor Code section 432.8 bars prospective employers from asking about convictions for certain drug offenses Read More
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Pre-Employment Testing
Employers who want good employees who are able to perform their jobs often engage in some form of pre-employment testing — a typing test, a personality test, a test that measures knowledge needed on the job, and so on. It should come as no surprise that disappointed applicants may challenge such tests as discriminatory. Disability Read More
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Employer New Year Resolutions
As the New Year begins, here are four suggestions for New Year resolutions to help reduce the risk of employment law liability during the coming year. 1. Prepare job descriptions for every position in your organization. The job description is the most important document in an employee’s personnel file. It provides the basis for evaluation of Read More
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Bonus Effect On Overtime Wages
A recent decision from the First District Court of Appeal in San Francisco explains how bonus payments affect overtime wages. Marin v. Costco Wholesale Corp., Case No. A116847 (Cal. Ct. App. Dec. 23, 2008). General Principles Under the federal Fair Labor Standards Act and the California wage orders, employers must calculate overtime based on the “regular Read More
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Courts Can Discriminate, Too
The First District Court of Appeal in San Francisco has ruled that a Sonoma County Superior Court Commissioner may pursue an age discrimination claim against the Court over the Superior Court’s claim of discretionary immunity under Government Code section 820.2. See DeJung v. Superior Court, Case No. A116911 (Dec. 19, 2008). DeJung (age 64) alleged that the Read More
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Is Boot Up Time Work Time?
Over the past several months there has been much ado about the status of time employees spend waiting for their computers to boot up. Class actions have been filed against Cigna Corp., AT&T and BellSouth, and United HealthGroup, in which employee lawyers allege that the employers have not been paying for time employees spend waiting Read More
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New FMLA Regulations
The U.S. Department of Labor has issued its long-awaited amendments to its regulations under the Family and Medical Leave Act. Published on November 17, 2008, the new rules will take effect on January 16, 2009. The Department issued a press release that summarizes the changes. The full text of the publication in the Federal Register is available here. Read More
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Retaliation Lawsuits Cost Millions
Yet another multi-million dollar verdict highlights the substantial stakes in retaliation lawsuits. In Donald Bender v. City of Los Angeles, Case No. BC361139 (Nov. 12, 2008), an LAPD officer claimed that he was demoted and kicked out of the department’s canine bomb unit after standing up for the only woman in the unit. The LAPD’s lawyers Read More
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Is An Athletic Shoe A Uniform?
A decision published this week reminds us that California employers must pay for their employees’ uniforms. Kullar v. Foot Locker Retail, Inc., Case No. A119697 (1st Dist Ct. App. Oct 14, 2008). Although the decision itself deals with the requirements for approval of a class action settlement, one of the underlying claims was that Foot Locker Read More
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Employment Cases on US Supreme Court Docket
The 2008-09 term of the United States Supreme Court will bring decisions in the following cases that involve employment law issues. We will report on the decisions themselves when they are handed down. Locke v. Karass, Case No. 07-610. Question Presented: “In Ellis v. Railway Clerks, this Court unanimously “determined that the [Railway Labor Act], as informed by Read More
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