Publications
California Labor & Employment Law Update - Summer 2006
08/09/2006
Wage Hour Developments
- Separation from employment need not be involuntary to trigger duty to pay on the spot or waiting time penalties.
- Are you sure your California employees are paid a commission? The concept of commission based compensation narrowed in California.
Discrimination and Retaliation Update
- Liability for harassment by non-employees was retroactive.
- The pivotal role of the TV show “Friends” in protecting free speech . . . “Sexual antics and coarse sexual talk” on a sitcom held insufficient to support a hostile work environment.
Speech in the Workplace
- No First Amendment violation where employer prohibited employee from discussing religion with clients, displaying religious items in his cubicle, and using a conference room for prayer meetings.
- The First Amendment does not however protect everything a government lawyer says in the course of performing duties.
Disability Discrimination Update
- Allowing employee to take extended medical leave is accommodation, and no further accommodation was necessary.
- Employer must engage in interactive process or accommodate an employee or applicant it regards as disabled.
Family Medical Leave Update
- Employee properly terminated for inappropriate behavior, not for requesting FMLA leave.
More on Class Actions
- In search of an eligible plaintiff - - - - permitting discovery to find a class representative is acceptable in California
Employee Benefits
- Ninth Circuit rules that Xerox Corp.’s method of reducing pension benefits at final retirement to account for earlier benefit distributions received by plan participants violated ERISA.
- ERISA pension benefits can be garnished under the Mandatory Victims Restitution Act (MVRA).
Labor Law Update
- Suspicious timing of subcontracting department work, just days before a union election, sufficiently demonstrated anti-union animus.
- Successor employer ordered to bargain with union.
Employment Contracts
- Disavowal that “cause” is not required is not essential to “at will” status.
- Choice-of-law and forum selection provisions contained in employment agreement were enforceable.
Workers Compensation
- General contractors are not liable for injuries suffered when a sub-contractor hires an independent contractor to perform services.
- Residential employee who was injured on his first day on the job is excluded from Workers’ Compensation Coverage.
Federal Administrative and Legislative Update
- EEOC numbers.
- EEOC announces a race-centered focus.
California Administrative and Legislative Developments
- Labor Commission precedent decision 2006-0003
- Labor Commission precedent decision 2006-0004
Download California L&E Law Update - Summer 2006