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Monthly Archives: April 2012

Did You Know…EEOC Holds That Title VII Protects Transgender Employees

Posted in Discrimination

In a landmark decision on April 23, the Equal Employment Opportunity Commission (EEOC) issued a ruling concluding that “intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination ‘based on…sex’ and such discrimination…violates Title VII.”  The EEOC found that discrimination against a transgender individual because that person is transgender is, by definition,… Continue Reading

Did You Know…Labor Commissioner Updates California Wage Theft Act FAQs and Template

Posted in Wage and Hour

The California Wage Theft Act (Act) (Lab. Code § 2810.5) requires employers to provide all new nonexempt hires with written notice of specific wage information including employee’s wage rates, the pay day schedule, and workers’ compensation coverage information.  It also increases the penalties for nonpayment of all wages due, including overtime premiums and minimum wage… Continue Reading

Did You Know…Government Code § 996.4 Trumps Labor Code § 2802

Posted in Court Decisions

In Thornton vs. California Unemployment Insurance Appeals Board (PDF), Thornton contended that she was statutorily entitled to reimbursement from the California Unemployment Insurance Board (“Board”) for the attorneys’ fees and other expenses she incurred in connection with the District Attorney’s and the Attorney General’s investigations of the circumstances of her hiring as an Administrative Law Judge… Continue Reading

Did You Know…The California Supreme Court Has Clarified Meal and Rest Period Obligations

Posted in Class Actions, Court Decisions, Wage and Hour

The California Supreme Court finally issued its long-awaited decision in Brinker Restaurant Corp. v. Superior Court.  In a unanimous opinion, the Court held employers (1) need only provide meal and rest periods, not ensure nor police that they are taken, (2) are not required to provide a meal period every five hours (no rolling meal… Continue Reading

Did You Know…Coverage Under ADA Includes Relatively Common Mental Health Conditions

Posted in Disability Discrimination

Recently, U.S. District Judge Edward F. Shea ruled that Cottonwood, which does business as The Cash Store, violated the Americans with Disabilities Act and the Washington Law Against Discrimination when it fired manager Sean Reilly, who suffers from bipolar disorder, from its Walla Walla, Washington store.  (Equal Employment Opportunity Commission v. Cottonwood Financial Ltd., Case… Continue Reading