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"Disposal Rule" Requires Employers to Reasonably Dispose of "Consumer Report" Information
Scott N. Yamaguchi, Esq.
Nossaman Guthner Knox & Elliott, LLPTo reduce the risk of employee identity theft and fraud, employers should remember that it is illegal to throw away "consumer report" information into the wastebasket. Since June 1, 2005, businesses and individuals have been obligated to take "reasonable" measures to dispose of such information.
Amanda C. Sommerfeld, Esq.
Winston & Strawn LLPThe 9th Circuit Court of Appeals affirmed a summary judgment ruling in favor of the Department of Social Services ("DSS") in an action brought by an employee who was prevented from conducting prayer meetings in the employer's conference room, and from using religious speech with the employer's clients.
PIHRA Professionals In Human Resource Management Legislative Report
by Alan Edelstein, Don Gilbert, Mike Robson, and Trent Smith
Most legislative years start off slow and build with each passing week. It usually gets busy around the beginning of April when bills have been introduced and committee hearings begin. This year was different.
PIHRA Position Paper 2006
PIHRA was founded by a small group of Los Angeles personnel executives to create a forum ifor and exchange ideas, increase their knowledge, and to work together for the betterment of their profession. PIHRA currently has more than 4,900 members representing more than 2,200 employers in the greater Southern California area.
Court of Appeal Breathes New Life Into Civil Rights Claims Previously Unavailable To Employee Plaintiffs
March, 2006
A California Court of Appeal resurrected a claim for workplace violence, threats or intimidation, based on discrimination. This claim has additional remedies and a longer statute of limitations than under either the FEHA or Title VII.
Employment Law Changes for 2006
February, 2006
There are no new drastic changes in the law for employers. But, the changes, however subtle, are important.
California Court of Appeal Reaffirms Right of Undocumented Workers To Obtain Workers' Comp Benefits - Even If They Obtained Work Fraudulently
November, 2005
This week, a California Court of Appeal issued an important ruling reaffirming the rights of undocumented workers to obtain workers compensation benefits for on the job injuries.
Ninth Circuit Turns The Microscope On Male/Female Interactions At Work
October, 2005
This month, the 9th Circuit Court of Appeals issued its opinion in Christopher v. National Educ. Ass'n, a significant ruling concerning hostile work environment sexual harassment.
California Supreme Court Holds That Sexual Favoritism Can Constitute Hostile Work Environment Sex Harassment
September, 2005
In Miller v. Dep't of Corrections, two former employees at the Valley State Prison for Women claimed that the prison warden gave unwarranted favorable treatment to several female employees with whom he was having sexual affairs. The trial court disagreed and dismissed their case finding that the conduct did not create a hostile work environment based on sex.
Employers Should Review Obligations Under USERRA As Military Personnel Return From Active Service
May, 2005
As members of the armed services rotate in and out of active service, many employers are finding that they are faced with challenges re-integrating service members into the workforce.
Employee On Stress Leave May Not Have "Serious Health Condition" Entitling Her To CFRA Leave
April, 2005
Recently, a California Court of Appeal departed from prior interpretations of the California Family Rights Act ("CFRA") and prior precedent concerning disabilities, in deciding that an employee on stress leave was not legally entitled to CFRA leave.
Recent Developments In Wage & Hour Class Actions
Jan, 2005
This month, a federal judge in New York approved a class action on behalf of undocumented workers performing cleaning services who were arrested in a 2003 immigration raid of Wal-Mart stores.
Hourly Wage For Exempt Computer Professionals Changes Jan. 1, 2005 In California
May, 2004
Beginning Jan. 1, 2005, to qualify for exemption, computer professionals must earn an hourly wage of at least $45.84 per hour.
Court of Appeal OKs Employer's Termination of Employee Who Exercised Free Speech While Off Duty
May, 2004
A California Court of Appeal overseeing San Diego county held that the tort of wrongful termination in violation of public policy does not protect employees who are terminated for exercising their free speech rights while off duty.
New California Legislation
December, 2003
- Employees Allowed to Bring Civil Actions to Recover Penalties for Violations of the Labor Code
- Victims Must be Allowed Time Off to Attend Judicial Proceedings
- Increase in Labor Code Violation Penalties
- Clarification of What Constitutes "Unsuccessful" for the Purpose of Assessing Attorneys Fees in Wage Claim Appeals
- Consumer Credit Report Users Required to Verify Inconsistent Information
- Definition of "Sex" in the Fair Employment and Housing Act (FEHA) Expanded to Include Gender and Gender Identity
MORE...
Significant Employment Cases Pending Before The U.S. and California Supreme Courts
November, 2003
Featured: Raytheon Co. v. Hernandez; General Dynamics Land Sys., Inc. v. Cline; Department of Health Services v. Superior Court; Mackey v. Department of Corrections; Yanowitz v. L'Oreal USA, Inc.; Sav-On Drug Stores, Inc. v. Superior Court; Discover Bank v. Superior Court; Reynolds v. Christian Bement.
MORE...
No Summary Judgement On The "Direct Threat" Defense Under The Americans With Disabilities Act
August, 2003
No Summary Judgement On The "Direct Threat" Defense Under The Americans With Disabilities Act The "direct threat" defense in an ADA discrimination action does not include threats to the employee's own health - only threats to the health and safety of others.
MORE...
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Updated 7/18/06