Making California the seventh state in the country to enact such a law, Gov. Jerry Brown signed Assembly Bill 22 on October 9, 2011. As reported here in a post dated August 18, 2011, this law bars most employers (except certain financial institutions) from using pre-employment credit checks in the hiring
Labor & Employment
Refusing to Return Calls from Employees on Leave is a Risky Practice for Employers
By Labor & Employment on
Posted in FMLA and Other Leaves of Absence
A supervisor’s failure to return calls from an employee on family or medical leave may support a retaliation claim against an employer under the federal Family and Medical Leave Act (“FMLA”). Liability under such circumstances can exist, a federal court in Pennsylvania recently ruled, even if the employer has provided the employee with an appropriate amount of leave. Although from a distant locale and as yet untested by an appellate court, the decision from the court in Pennsylvania confirms that employers in the Golden State should strive to keep open the lines of communication with and to return calls from employees who are on family or medical leave – especially since there is so much overlap between the FMLA and the California Family Rights Act.
The employee in the Pennsylvania case, Hofferica v. St. Mary Medical Center, No. 10-6026 (E.D. Pa. Sept. 20, 2011), was a registered nurse who started working for the employer in June 2005. Her doctor diagnosed her with a disease that causes hearing loss, tinnitus, and vertigo in March 2008. Shortly after that diagnosis, the nurse applied for a year of intermittent medical leave, which the employer pre-approved. The nurse had to undergo a series of surgeries to treat her condition, which led her to take full-blown medical leave starting in September 2008. Her anticipated return-to-work date was November 6, 2008.Continue Reading Refusing to Return Calls from Employees on Leave is a Risky Practice for Employers
Legislation Alert: Governor Signs Employee Misclassification Bill
By Labor & Employment on
Posted in New Legislation and Regulations
By: James Kachmar
Last month, we told you about a bill, SB 459, that was awaiting the Governor’s signature. SB 459 would penalize employers who willfully misclassify employees as independent contractors. See alert at https://www.thelelawblog.com/2011/09/articles/new-legislation-and-regulation/legislative-alert-employee-misclassification-bill-sent-to-governor/.
On Sunday, October 9, 2011, Governor Brown signed SB 459 into law. As we advised last month, employers are…
Bits and Bytes
By Labor & Employment on
Steve Jobs has passed away, leaving many iMourners beside themselves today. His legacy has touched many aspects of everyone’s lives, from the way they now conduct business on a tablet, to the way they remember what groceries to get, to the amount of overtime people are owed ….WHAT!?! How did that last bit get in there?
Our blog is not just satisfied mentioning Jobs passing, finding a candle app on our iPad and holding it above our heads. We must look at the lasting impact the iphone, ipad, and other electronic devices have on wage & hour law in the workplace.
As a harsh reminder of the impact technology is having on wage & hour law, recently Chicago police Sgt. Jeffrey Allen filed a class action against the City of Chicago claiming iOT. Allen is suing the City of Chicago on behalf of himself and others, seeking pay for time spent dealing with work-related phone calls, voice mails, emails, text messages and work orders via BlackBerry devices and similar “personal digital assistants.” The officer alleges these activities entitle the group to overtime compensation under the federal Fair Labor Standards Act (FLSA).Continue Reading Bits and Bytes
OSHA Issues New Directive Focused On Preventing Workplace Violence;Employers Are Advised to Evaluate Their Workplace to Ensure Compliance
By Labor & Employment on
Posted in New Legislation and Regulations
By: Lizbeth (“Beth”) West, Esq.
Given the state of the economy and the desperation felt by many employees regarding the security of their job (and the anger felt by disgruntled former employees regarding the loss of their job), violence remains a real and serious threat in the workplace. Recognizing this fact, on September 8, 2011, the Department of Labor – OSHA Division – issued a new Directive aimed at providing compliance officers guidance for investigating and responding to allegations and incidents of workplace violence. OSHA has also launched a new webpage focused on preventing workplace violence.
In the Directive, OSHA points out the alarming statistics from the Bureau of Labor Statistics’ (BLS) Census of Fatal Occupational Injuries (CFOI) show that an average of 590 homicides occurred each year during the years 2000 through 2009. In fact, homicides remain one of the four most frequent work-related fatal injuries, and remained the number one cause of workplace death for women in 2009. Several studies have shown that prevention programs can reduce incidents of workplace violence. According to OSHA, by assessing their worksites, employers can identify methods for reducing the likelihood of incidents occurring. OSHA believes that a well written and implemented Workplace Violence Prevention Program, combined with engineering controls, administrative controls and training can reduce the incidence of workplace violence in both the private sector and in governmental workplaces.Continue Reading OSHA Issues New Directive Focused On Preventing Workplace Violence;Employers Are Advised to Evaluate Their Workplace to Ensure Compliance