The California Supreme Court has ruled that federal immigration law does not preempt a California law that extends state law protections to all workers regardless of their immigration status. However, the court held that federal law does preempt state law on the issue of liability for lost wages for any period after an employer discovers that an employee is not authorized to work in the United States.
The California Supreme Court has issued a long-awaited decision in an important arbitration case. The decision is generally good news for employers seeking to use class-action arbitration waivers to deter wage-and-hour class actions. It’s less helpful to those attempting to fight off wage-and-hour “representative” actions.
The Yuba Skilled Nursing Facility in Yuba City has paid $1 million in back pay and benefits after the National Labor Relations Board (NLRB) ruled against it in an unfair labor practice complaint filed by the Service Employees International Union and United Health Care Workers West.
San Jose-based Riviera Consulting will pay $100,000 to a former employee after the firm terminated him because of his poor eyesight.
Some jobs, both in government and in the private sector, require a security clearance from a government agency. Without the proper security clearance, employees aren’t allowed to view sensitive documents. In those cases, a lost security clearance can mean a lost job—with no ability to challenge the termination on discrimination grounds.
A recent 9th Circuit Court of Appeals decision likely will make it easier for employees and their lawyers to get class-action certification in employment cases.
More and more former employees who can’t find lawyers to take their cases are filing their own lawsuits. Their pleadings are frequently long on conclusions and short on factual allegations. Don’t let that give you a false sense of security—or tempt you to toss out documents.
Here’s a warning for employers that want to use arbitration to solve employment-related problems without expensive litigation: Don’t expect to draft the agreement yourself, modify something you find on the Internet or use an English version when employees speak another language, such as Spanish or Vietnamese.
You may think you have a great training program that helps good employees acquire new skills and then promotes the best ones. But it takes just one rogue supervisor to sink the best training if you don’t have checks and balances to make sure it is being used appropriately.
Keck Hospital of USC, formerly the USC University Hospital, has ended a labor dispute by agreeing to pay $87,839 to four employees affected by its decision to unilaterally eliminate an extra shift bonus and a mandatory on-call schedule.