Monthly Archives: August 2012

WHAT IS PREGNANCY DISCRIMINATION AND HARASSMENT IN VIOLATION OF THE FAIR EMPLOYMENT AND HOUSING ACT?

The California Fair Employment and Housing Act (FEHA) makes it an unlawful employment practice for an employer to discriminate because of “race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, sex, age, or sexual orientation.”  [Gov. … Continue reading

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Southern District Reaffirms New York State Rule That Non-Compete Covenants Are Unenforceable Against Employees Terminated Without Cause

In Arakelian v. Omnicare, Inc., the Southern District of New York reinforced a rule long followed by New York State courts when it held that an employee terminated without cause is not bound by non-competition and non-solicitation provisions of a … Continue reading

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Employers Must Consider Telecommuting As Accommodation

Employers are not mandated to allow their employees to telecommute, but they must as least consider the possibility for people with disabilities that prevent them from interacting in a standard workplace, according to a ruling by a federal court in Ohio. … Continue reading

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Forms Of Pregnancy Discrimination Under PDA

Pregnancy Discrimination Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Pregnancy Discrimination & Work Situations The Pregnancy Discrimination Act (PDA) forbids discrimination based on … Continue reading

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Pregnancy Discrimination

The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including … Continue reading

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Truly Nolen v. Superior Court: A Unique Take On California’s Gentry Decision And Its Application To Arbitration Agreements In The Wake of Concepcion

In its landmark Concepcion and Stolt-Nielsen decisions, the U.S. Supreme Court made clear that courts must enforce private agreements to arbitrate according to their terms, even if doing so results in the enforcement of a class action waiver provision or otherwise compels a … Continue reading

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Effect of Mandatory Overtime

Over the last two decades, American workers have been clocking more and more hours on the job, and they now work more hours than workers in any other industrialized country. Annual work hours are 4% higher than they were in … Continue reading

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When Must Employers in California Pay Overtime

Federal and state laws require most employers to pay overtime. The overtime premium is 50% of the employee’s usual hourly wage. This means an employee who works overtime must be paid “time and a half” — the employee’s usual hourly wage plus … Continue reading

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Means To Prevent Sexual Harassment in Work Place

The most effective weapon against sexual harassment is prevention.  Harassment does not disappear on its own.  In fact, it is more likely that when the problem is not addressed, the harassment will worsen and become more difficult to remedy as … Continue reading

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Steps Taken to Fight Sexual Harassment

When faced with sexual harassment in the work place, there are seven steps you can take to fight harassment. In a 1998 ruling on sexual harassment, the Supreme Court said that employers may be able to avoid liability or limit … Continue reading

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