Worker’s Compensation › Civil Rights

California Employment Law Notes - May 2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

Employment Law Newsletter: April 2013

Post-Brinker Meal Break Decisions on Class Certification De-Published by California Supreme Court - We have previously reported on the California Supreme Court’s decision in Brinker Restaurant Corp. v....more

California Chamber of Commerce Releases Its 2013 List of “Job Killer” Bills

The California Chamber of Commerce has just released its annual list of “job killer” bills that have been proposed in the California Legislature. This year’s list identifies 32 proposed laws, including six new “Costly...more

Can My Employer Fire Me After I Have A Received A Workers Compensation Judgment?

A retail worker with a partial permanent disability from a workplace accident applies for a job later in the same company’s warehouse. He’s doing a good job, but when his new boss learns of the workers compensation...more

Fenwick Employment Brief - March 2013

In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness...more

A New Year Brings New Compliance Obligations for Employers

As 2012 winds to a close, a look back at legal developments demonstrates that state legislatures were busy all year long. Every year, employers are inundated with new employment laws and regulations that impose new compliance...more

Fenwick Employment Brief - November 2012

In This Issue: - Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement - California Employers Allowed To Round Employee Time To...more

Baker & McKenzie: Employment & Industrial Relations - Australia: Special Halloween Edition - Frankenstein's Contractor

You know who we are talking about. He works in your office, he has access to your intranet, he volunteered to be your fire warden, and he is always the life of the Christmas party. He is that temp you engaged five...more

Employer Handbook: Workers’ Compensation Retaliation

Who, What, Why . . . Who does it apply to: All employers, whether subscribers to workers’ compensation insurance, or not. What is the issue: Employees of businesses that make workers’ compensation claims sometimes...more

California Workers' Compensation Statute Held Not to Support a Common Law Tort Claim

California Labor Code section 132a, the anti-retaliation provision of the state workers' compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs...more

Workers' Compensation Appeals Board Has Exclusive Jurisdiction To Adjudicate Claims For Discrimination Based On Filing A Workers'...

In Dutra v. Mercy Medical Center Mt. Shasta (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., September 26, 2012), a California Court of Appeal considered whether a lawsuit alleging that an employee had been wrongfully terminated due...more

Recently Enacted Legislation of Interest to California Employers

September 30 was the last day for California Governor Edmund G. Brown, Jr. to sign or veto bills passed by the State Legislature during its 2011-2012 Regular Session. Governor Brown signed several bills of interest to...more

Governor Brown Signs Several Bills That Impact Employers

Governor Jerry Brown recently signed bills enacting several new employment statutes. Below are brief explanations of these new laws that affect employers in California. It should be noted that the Governor vetoed AB 1450,...more

Southeastern Legislative Updates - August 2012

In This Issue: - Alabama Employment-Related Legislation - Mississippi Employment-Related Legislation - North Carolina Employment-Related Legislation - Tennessee Employment-Related Legislation - Washington, D.C....more

Labor Letter - July 2012

In This Issue: - “Here’s Looking At You, Kid” - The EEOC Looks For Beauty Bias By James J. McDonald, Jr. (Irvine) - The EEOC is currently investigating Marylou’s Coffee, a chain of Massachusetts coffee shops, for...more

Bill 14 Receives Royal Assent: British Columbia Employees To Receive Workers’ Compensation for Bullying and Harassment

Bill 14, or the Workers’ Compensation Amendment Act, 2011 received Royal Assent on May 31, 2012. Among other things, the Act expressly addresses bullying and harassment, and amends section 5.1 of the Workers’ Compensation...more

Sheikh Hussein v. Den Davie, Inc. d/b/a Denny's

Complaint for Damages

Former Assistant Manager of Denny's is terminated after workers compensation injury and sues for violation of Fla. Stat. 440.205...more

Fenwick Employment Brief - March 13, 2012

In this issue: Attack On Outside Sales Exemption Could Not Be Litigated As Class Action; Individual Supervisor May Be Liable For Fmla Violation; NLRB New Poster Regulation Upheld In Part; New FMLA Regulations Expand Scope...more

Frederick Place Chambers Employment Law Newsletter

This is the first newsletter published by Frederick Place Chambers. It is intended that this should be a monthly publication, with the aim of keeping clients and fellow professionals up to date with recent developments in...more

Social Media in Labour and Employment: Privacy, Human Rights, and the Formation, Management and Termination of the Employment...

From a legal perspective, social media is a relatively new phenomenon, but its implications for employers, employees, trade unions, and their advocates are proving to be marked in all aspects of employment and labour...more

Brenda Brown v Wolin & Levin, Inc. and Robert Levin

FLSA/FMLA, W.C. Retaliatory Discharge, and much more!

This complaint against a prominent Chicago Property Management Firm involves everything from Illinois Minimum Wage Law violations, to what is now known as "wage theft," i.e. the Illinois Wage Payment and Collection Act. It...more

New Year Brings New Laws for California Employers

In this alert: Consumer Credit Checks; Wage & Hour Laws; Written Commission Agreements; Misclassification of Independent Contractors; Liquidated Damages Before The Labor Commissioner; Wage Theft Prevention Act of...more

Labor Letter - October 2011

In This Issue: - Hurricane Irene Leaves Wage/Hour Questions In Her Wake By John Thompson (Atlanta) Affected employers will no doubt have a variety of wage-hour questions in the aftermath of any major disaster, such...more

Retail Industry Update - September 2011: The Injured Worker - Practical Approaches For Avoiding Lawsuits

By Ed Harold (New Orleans) Retail jobs almost all require certain physical capabilities. These can include physical work such as moving heavy inventory, pushing a mop, bending to assist a customer in getting a product...more

Industrial Relations (Voting Procedures) Bill rejected in UK Parliament

A motion for leave to introduce a Private Members’ Bill which would have made some strikes illegal if they were not supported by a majority of union members at that workplace has been rejected. The discussion about the Bill,...more