Friday, November 27, 2009

New Law Protecting Genetic Information Goes Into Effect

A new law prohibiting employers from discriminating against employees and job applicants based upon their genetic testing information has gone into effect. It will be enforced by the EEOC

Sunday, October 11, 2009

Congress to seek to overturn Supreme Court Age Discrimination Decision

Following a pattern that is set last year, the Democratic controlled Congress is seeking to overturn Supreme Court decisions, that it views as unfavorable to employees. Last year it passed legislation overturning the Lily Ledbedder decision about the proper statute of limitations for an equal pay act case. Now this year it is seeking to pass legislation that would overturn the Supreme Court's decision regarding the proper burden of proof for plaintiffs in age discrimination cases, to bring the burden of proof in line with the standard used in other discrimination cases, such as race and sex.

Sunday, September 6, 2009

Employer is vicariously liable for tort committed by employee

The California Court of Appeals in Jeewarat v. Warner Bros. Entertainment, Inc. recently held that an employer can be held to be vicariously liable for a tort committed by an employee while traveling home from a business conference.

Sunday, August 30, 2009

Labor Commissioner Sides with Employers in Amicus Brief

In a significant development, the California Labor Commissioner filed an Amicus Brief with the California Supreme Court in the Brinker case, regarding the employer's obligation to provide breaks to employees.Significantly, the Labor Commissioner argued that employers merely have to provide breaks. They don't have to ensure that their employees take them.

Obama Administration to push for passage of EFCA

The Obama Administration is pushing for passage of the Employee Free Choice Act - EFCA. If passed it will revolutionize the way in which Unions organize workers in the US, allowing them to bypass NLRB secret ballot elections, and use "cardchecks" instead.

Eli Kantor Starts New Employment Law Blog

In conjunction with Eli Kantor's new website:
He has created a new blog which will focus on the latest developments in employment law, especially in the fast changing area of wage and hour law.