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Feature Articles

Find the most recent California Employer Advisor articles here.

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Bulletin: U.S. Supreme Court to decide text message case
February 2010
The U.S. Supreme Court will hear arguments this spring in City of Ontario v. Quon to determine whether the California city violated an officer's privacy rights by reading . . . more
Bulletin: Notices on COBRA subsidy extension due Feb. 17
February 2010
Late last year, President Obama signed legislation to extend the COBRA subsidy provisions of the American Recovery and Reinvestment Act. Eligible individuals now qualify for . . . more
Sexual Harassment: Court Denies Employee's Harassment Claim; Mutual Banter Doesn't Create a Hostile Work Environment
February 2010
Employees and employers alike are often confused about just what constitutes a hostile work environment. What some may experience as hostile is often perceived as no big deal by others. While the hostile work environment legal analysis remains highly fact-specific and must be assessed on a case-by-case basis, a recent California appeals court decision suggests that, when comments of a possibly sexual nature occur in the context of mutual banter, a hostile work environment might not be found. . . . more
Immigration: Federal I-9 Investigations Are Under Way; How to Get and Stay Prepared
February 2010
At the end of 2009, the federal Immigration and Customs Enforcement (ICE) agency, the enforcement arm of the U.S. Department of Homeland Security, announced that it had issued I-9 audit notices to 1,000 businesses nationwide. According to ICE press releases, this may well be only the first of several immigration enforcement efforts that will continue through 2010. Between April and mid-November 2009, ICE initiated almost 1,900 prosecutions against employers for I-9 violations. This is more than three times the number of prosecutions in the same period in 2008. . . . more
Discrimination: Understanding the New Genetic Information Nondiscrimination Act (GINA)
February 2010
Advances in genetics have opened new pathways in medicine, allowing for earlier detection of illnesses like breast cancer, Alzheimer's disease, and colon cancer, and providing individuals the opportunity to take steps to reduce the likelihood of ever contracting certain disorders. Genetic knowledge also makes it possible to develop treatments that are more effective against certain diseases or have fewer side effects than current therapies. . . . more
Noncompetes: Court Strikes Down Another Noncompete/Nonsolicitation Agreement; Unique Rules for California Employers
February 2010
For many companies--especially those headquartered outside of California--asking employees to sign noncompete and nonsolicitation contracts is a common practice. A noncompete contract is an agreement made by an employee, usually at the time of hire, not to go to work for a competitor of the employer for a specified period of time after the employment relationship ends. A nonsolicitation agreement prohibits an employee, once he or she leaves the company, from soliciting the employer's customers, business associates, and current employees on behalf of a competitor. . . . more
Disability: Employee's Reasonable Accommodation Claim Fails; When You Do—and Don't—Need to Engage in the 'Interactive Process'
February 2010
Under the federal Americans with Disabilities Act (ADA) and California law, employers are required to engage in an "interactive process" with disabled employees who need accommodation to determine which accommodations are both feasible for the employer and helpful to the employee. The Ninth Circuit Court of Appeals, which covers California, recently found that employers must engage in the interactive process only with employees who are legally disabled. To avoid potential liability, though, employers should continue to take this important obligation seriously. . . . more
Wage and Hour: Even Mistaken Wage Claims Are Protected From Retaliation
February 2010
California law protects employees from retaliation for making complaints about their wages and working conditions. But what if the employee makes a mistaken claim for unpaid wages? As a recent court of appeals decision makes clear, an employee's wage complaint need not be valid to be protected by California law. . . . more
News Note: Independent Contractors of Federal Employers Covered by Disability Bias Law
February 2010
In general, state and federal bias laws apply only to "employees." But the Ninth Circuit Court of Appeals, which covers California, recently ruled that, under the federal Rehabilitation Act, both employees and independent contractors . . . more
News Note: EEOC Files Sexual Harassment Suit Against Jack in the Box Franchisee
February 2010
Kobra Associates, Inc., a Northern and Eastern California franchisee of about 70 Jack in the Box fast-food restaurants, has been sued by the federal Equal Employment Opportunity Commission (EEOC). The complaint alleges that . . . more
News Note: Congress Moves Back Deadline to File for Extended Unemployment Benefits
February 2010
As part of the national defense appropriations bill, the U.S. Congress has pushed the deadline to file for extended unemployment benefits to . . . more
News Note: Outback Steakhouse Chain Settles Sex-Bias Suit for $19 Million
February 2010
The EEOC announced that the Outback Steakhouse restaurant chain has agreed to pay $19 million to settle a national class action lawsuit. The women plaintiffs alleged that the company maintained a "glass ceiling" . . . more
News Note: Settlement of UPS Supply Chain Solutions Overtime Lawsuit Approved
February 2010
The federal district court for the Northern District of California has approved a $12.8 million class action settlement in an overtime case brought against UPS Supply Chain Solutions on behalf of workers in . . . more
Sample Basic California Non-Disclosure Agreement
CEA Online Exclusive January 2010
Protecting your company's confidential information and trade secrets is a key part of keeping competitive in the marketplace. Don't leave your company's valuable information unprotected in the New Year. . . . more
Bulletin: Most workers report "stagnant" jobs
January 2010
More than half of workers say their jobs are stagnant, and nearly two-thirds of workers say they have no desire to . . . more
Bulletin: Special Report enclosed with this issue: What's New for 2010.
January 2010
While the legislative and executive branches of the state government continued to lock horns, the judicial branch busily ruled on important issues such as . . . more
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