Recent Articles

U.S. Supreme Court Intensifies Burden on Employers Defending Age Discrimination Lawsuits

November 06, 2008 23:13

Today the U.S. Supreme Court made it more difficult for employers to defend lawsuits based on the Age Discrimination Employment Act (ADEA). In Meacham v. Knolls Atomic Power Laboratory, the Supreme Court ruled that the burden of proving that any termination having a disparate impact on older...

David v. Goliath: Redbox Sues Universal Studios Home Entertainment

October 25, 2008 02:17

Redbox Automated Retail, LLC (Redbox) has built a growing business renting DVDs for only $1 per day from their bright red kiosks. In the lawsuit filed in Federal Court on October 10, Redbox claims that Universal Studios Home Entertainment (USHE) and 3 subsidiaries areRedbox Automated Retail, LLC...

Court of Appeal Reverses Discrimination Award Against Larry Flynt Publications

October 25, 2008 01:05

In 2000 Elizabeth Raymond was hired as an executive assistant by Larry Flynt Publications Inc. (L.F.P.). Raymond signed an agreement to the terms of her employment as outlined in the L.F.P. employee handbook. That handbook contained a provision...In 2000 Elizabeth Raymond was hired as an executive...

Court of Appeals Answers Age Old Question....Employee or Independent Contractor?

October 17, 2008 23:41

In Varisco v.Gateway Science and Engineering, the California Court of Appeals upheld a Los Angeles Superior Court ruling which determined that Al Varisco was in fact an "Independent Contractor", not an employee of Gateway. Plaintiff Varisco alleged that the “at will” clause in his contract with Gat...

EEOC Issues Q&A Guide to Performance and Conduct Under the ADA

October 17, 2008 23:40

This month the U.S. Equal Employment Opportunity Commission released a comprehensive document designed to reduce confusion related to the performance and conduct of employees protected by the Americans with Disabilities Act. Employers will be pleased to see that this documentThis month the U.S....

US Court of Appeals Upholds Employment Contract Despite Language Barrier

October 17, 2008 23:40

After being terminated by Sun Constructors (Sun) in 2006, Juan Morales filed a wrongful termination lawsuit. Sun claimed that Morales was bound by an arbitration clause in the employment agreement signed upon his employment. Morales claimed that since the agreement was in English, he did not...

US Court of Appeals Upholds Termination of Employee Found “Sleeping” on Job

October 17, 2008 23:39

David McNary suffers from Diabetes and Graves’ Disease. He worked for Schreiber Foods as a sanitation employee on its dairy equipment. His co-workers knew of these conditions and would occasionally pitch in to help when...David McNary suffers from Diabetes and Graves’ Disease. He worked for Sch...

With Claims Rising EEOC Releases New Religious Discrimination Guidelines

August 21, 2008 22:08

The EEOC reports that discrimination claims, including those based on religion, are on the rise. New guidelines for religious discrimination went into effect July 22, 2008. The following information is directly from the new Section 12 of the EEOC compliance...The EEOC reports that discrimination...

California Supreme Court Rejects Validity of Most Non-Competition Agreements

August 15, 2008 23:10

On August 7, 2008, the California Supreme Court unanimously ruled in Edwards v. Arthur Andersen that the state legislature effectively restricted the ability of employers to prevent employees from working for competitors. The Opinion States: “We conclude that Andersen’s noncompetition...On August 7,...

CA Supreme Court Rules Employee Who Worked While on Medical Leave Will Get Trial

May 14, 2008 21:08

Earlier this month the California Supreme Court ruled on 2 issues related to the California Family Rights Act (CFRA) and the Family Medical Leave Act (FMLA) regarding the termination of hospital employee Antonina Lonicki who worked for another hospital while on medical leave....Earlier this month...