Archive for November, 2007
Congress Tries to Legalize “English Only” Workplace Policies
Published by James Peters November 20th, 2007 in Discrimination, Policy : LegislationAccording to an article in today’s Los Angeles Times, Congressional Republicans are pushing to amend federal anti-discrimination laws to do away with the provision that prohibits employers from requiring employees to only speak English at work.
Currently, under Title VII of the 1964 Civil Rights Act such an “English-only” policy is considered national origin discrimination. [...]
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NEVER E-mail Your Attorney From Work!
Published by James Peters November 12th, 2007 in Privacy IssuesSometimes employees use their employer’s e-mail address or computer to contact us. This is understandable, especially for long-term employees who spend most of their waking time at work or using a company-issued computer at home.
The problem is that using an employer’s computer or e-mail address to communicate with your attorney might mean these communications [...]
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CA Supreme Court Considers Employees’ Medical Marijuana Use
Published by James Peters November 7th, 2007 in Discrimination, Policy : Opinion, Privacy Issues, Wrongful TerminationYesterday the California Supreme Court heard arguments in Ross v. Ragingwire Telecommunications, Inc.
In this case, the employee was refused employment because his pre-employment drug test came back positive for marijuana. The employee had been using medical marijuana at the direction of his physician to deal with lower back strain and muscle spasms.
Case Background
Under [...]
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California Supreme Court Decides Lump Sum Expense Reimbursement is OK
Published by James Peters November 6th, 2007 in Wages : ExpensesYesterday the California Supreme Court issued its decision in Gattuso v. Harte-Hanks Shoppers, Inc., ruling that employers may reimburse employee expenses in the form of “additional wages” payable in a “lump sum” instead of reimbursing each separate expense for the exact amount incurred.
This case deals with a scenario common to sales employees where the employer [...]
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California Lowers Standards for Computer Software Professional Overtime Exemption
Published by James Peters November 6th, 2007 in Wages : OvertimeAs explained in various posts on this blog, California employees are presumed to deserve overtime pay for any hours worked over 40 in one week or 8 in one day, even if they are paid a salary, unless the employer can prove that an exemption to that rule applies.
The “computer software professionals” exemption is rarely [...]
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