Featured Sponsor

Laura J. Bintliff obtained her bachelor of science degree from The Pennsylvania State University and Juris Doctorate from The Ventura College of Law. Ms. Bintliff is a Certified Specialist in workers' compensation law with 19 year's experience in this area of the law. In addition, Ms. Bintliff has prior experience in workers' compensation subrogation and civil litigation involving employment and disability-related discrimination issues. Ms. Bintliff was a legal assistant and legal administrator for several years in workers' compensation law offices bringing a broad range of experience to the defense and handling of workers' compensation matters.

Sponsors

Work Comp

Our School

Please visit our online school.

The WorkCompAcademy is a full featured online learning experience. Our faculty includes the leading practitioners in the California Workers' Compensation Community. Our online curriculum covers all aspects of Workers' Compensation Claims, from basic concepts to advanced topics of value to experienced practitioners such as senior claims exectives, attorneys, and Qualified Medical Evaluators. Students can access classes any time, from any internet connected computer. Courses can be completed at an individualized pace.

Employment Law Daily News for Mar 03, 2015

Apple, Google Settlement Appears Headed For Approval in “Poaching” Case
Tue, 03 Mar 2015 07:04:19 - Pacific Time

A U.S. District Court judge, Lucy Koh, appears satisfied with a proposed $415 million settlement that would conclude a lawsuit in which tech workers accused Apple, Google and two other Silicon Valley companies of conspiring to hold down salaries. The plaintiffs alleged that Apple, Google, Intel and Adobe Systems agreed to avoid poaching each other’s employees, thus limiting job mobility and, as a result, holding down salaries. Judge Koh had previously rejected an earlier $324 million deal as too low. During a hearing on Monday, March 2, 2015, Judge Koh raised no objections about the size of the settlement as she had at an earlier court session. Although Judge Koh did not formally rule from the bench on whether she would preliminarily approve the new deal, she set another hearing date for final sign off of the $415 million deal. Read more here.

Read More...

EEOC Sues Disability Services Company for Inflexible Leave Policy
Tue, 03 Mar 2015 06:52:47 - Pacific Time

ValleyLife, a disability support services company, has been sued by the Equal Employment Opportunity Commission (EEOC) for allegedly terminating disabled employees rather than provide them with a reasonable accommodation in the form of a leave of absence due to its inflexible leave policy.  The policy compelled the termination of employees who had exhausted their paid time off and/or any unpaid leave to which they were eligible under the Family Medical Leave Act (FMLA).  For example, the EEOC alleges that the company forced out one supervisor due to his need for further surgery when his FMLA leave was exhausted. In addition, the company did not engage in any interactive process to determine whether any accommodations (including additional leave) were possible. The employee had worked for ValleyLife for over ten years at the time of his termination. The EEOC also alleges that ValleyLife commingled medical records in employee personnel files and failed to maintain these medical records confidentially in violation of the Americans with Disabilities Act (ADA). Read more here.

Read More...

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses
Thu, 26 Feb 2015 06:47:32 - Pacific Time

U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States. Read more here.

Read More...

U.S. Supreme Court Hears Oral Argument in Religious Discrimination Case
Thu, 26 Feb 2015 06:12:20 - Pacific Time

The U.S. Supreme Court recently heard oral argument in EEOC v. Abercrombie, a lawsuit involving an employee’s right to wear a hijab in the workplace. The case involves Samantha Elauf, a practicing Muslim who applied for a position as a model at the Abercrombie Kids store in Tulsa, Okla., in 2008. She was denied employment because she was wearing a black headscarf, known as hijab, which violated the company’s “look policy.” The EEOC argues that Abercrombie violated Title VII of the Civil Rights Act by failing to accommodate Elauf’s religious beliefs. Abercrombie claims Elauf never informed hiring managers of the conflict and that allowing her to wear a headscarf would have imposed an undue hardship on the company. The company’s position was upheld by the 10th Circuit Court of Appeals after a federal district court sided with the EEOC. Read more here.

Read More...

LA Times Reports "Women Are Leaving the Tech Industry in Droves"
Tue, 24 Feb 2015 07:22:46 - Pacific Time

According to a recent LA Times article, “Women are leaving the Tech industry in droves.” As noted in the article, industry group Code.org, predicts that computing jobs will more than double by 2020, to 1.4 million. However, if women continue to leave the field, an already significant shortage of qualified tech workers will worsen. During the summer of 2014, Google, Facebook, Apple and other big tech companies released figures showing that men outnumbered women 4 to 1 or more in their technical sectors. It's why the industry is so eager to hire women and minorities. For decades tech companies have relied on a workforce of whites and Asians, most of them men. Although numerous educational programs now encourage girls and minorities to pursue technology at a young age, qualified women are still leaving the tech industry in significant numbers. Read more here.

Read More...

Family and Medical Leave Rights Extended to Eligible Workers in Same-Sex Marriages
Tue, 24 Feb 2015 07:11:13 - Pacific Time

The U.S. Department of Labor (DOL) has announced that workers in legal, same-sex marriages, regardless of where they live, will now have the same rights as those in opposite-sex marriages to federal job-protected leave under the Family and Medical Leave Act (FMLA) to care for a spouse with a serious health condition. The DOL announced a rule change to the FMLA in keeping with the U.S. Supreme Court ruling in United States v. Windsor. That ruling struck down the federal Defense of Marriage Act provision that interpreted "marriage" and "spouse" to be limited to opposite-sex marriage for the purposes of federal law. The rule change updates the FMLA definition of "spouse" so that an eligible employee in a legal same-sex marriage will be able to take FMLA leave for his or her spouse regardless of the state in which the employee resides. Read more here.

Read More...

Silicon Valley Venture Capital Firm Accused of Sexual Harassment
Mon, 23 Feb 2015 21:44:24 - Pacific Time

A jury will soon hear claims by the now-interim chief executive of the news and social-networking site Reddit that a Silicon Valley venture capital firm subjected her to sexism while she worked for the company. Ellen Pao’s lawsuit alleges that Kleiner Perkins Caulfield & Byers allowed her to be sexually harassed by male managers, and then punished and eventually terminated her when she complained. Ms. Pao also alleges that the company excluded her and other women from business meetings, dinners and promotions. However, the Menlo Park company says it hired an outside investigator who conducted a thorough investigation and found that Pao’s claims were without merit. Pao was eventually terminated from her position as a junior partner because “she could not demonstrate the skills necessary for success as an investing venture capitalist” and because she had “conflicts with most of her colleagues, men and women.” Her lawsuit may rattle Silicon Valley companies, where gender and racial diversity have been a recurring problem for financial and technology companies. Kleiner Perkins’ lawyers said in a court filing that Pao is seeking $16 million, a figure her lawyers have not confirmed. After jury selection Monday, the trial is scheduled to last four weeks. Read more here.

Read More...

DOL Investigation results in $39.8 Million Judgment
Thu, 19 Feb 2015 15:53:54 - Pacific Time

After nearly six years of litigation, a federal district court in Philadelphia entered a $39.8 million judgment in favor of workers who participated in more than 400 death benefit plans that were allegedly mismanaged, in violation of the Employee Retirement Income Security Act (ERISA). The defendants in that case are permanently barred from serving as fiduciaries to any employee benefit plan and, with the exception of one defendant, must make restitution to the plans. Read more here.

Read More...

Hospital Allegedly Failed to Accommodate Employee with Cognitive Disabilities
Thu, 19 Feb 2015 15:37:09 - Pacific Time

St. Alexius Medical Center of Hoffman Estates will pay $125,000 to a former employee to resolve a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC charged that the hospital violated the Americans with Disabilities Act (ADA) by allegedly failing to accommodate a disabled employee, who worked as a greeter. The former employee suffers from cognitive disabilities, and, according to the EEOC, she asked for simple accommodations, such as written job instructions, which would have allowed her to do her job. Allegedly, rather than provide the accommodation, the hospital eventually terminated the employee. In addition to the monetary settlement amount, the hospital must also train its managers and other employees about the ADA, implement policies against disability discrimination, and adhere to certain record-keeping and reporting requirements. Read more here.

Read More...

Anthem Offers Identity Theft Protection To Customers After Massive Data Hack
Fri, 13 Feb 2015 20:52:06 - Pacific Time

Anthem Inc. is offering free identity theft protection to current and former customers dating back more than a decade. The health insurer continues to investigate how hackers broke into a database storing information for about 80 million people. Anthem Inc., will provide credit monitoring and identity theft repair assistance for those who experience fraud. The company discovered the breach of its system when a computer system administrator determined that outsiders were using his credentials to log into the system. The hackers gained access to customer names, birthdates, email addresses, employment details, social security numbers, incomes and street addresses. It does not appear that medical information was breached. Read more here.

Read More...

Past Employment Law News Articles

• NLRB Continues Its Crack-Down On “Overly Broad” Social Media Policies: Fri, 13 Feb 2015 18:55:39 - Pacific Time: Read More...

• Restaurant Chain Allegedly Denied Older Workers Positions at Its Newly Opened Restaurants: Fri, 13 Feb 2015 17:57:52 - Pacific Time: Read More...

• Court Rules Employer Cannot Reject Qualified Candidate Because of Retirement Eligibility: Fri, 13 Feb 2015 17:35:38 - Pacific Time: Read More...

• CalChamber to File Amicus Brief in Independent Contractor Case: Fri, 13 Feb 2015 07:17:46 - Pacific Time: Read More...

• Car Dealership to Pay $250,000 for Alleged Disability Discrimination: Thu, 12 Feb 2015 19:37:22 - Pacific Time: Read More...

• Sexual Harassment Claims Constitute Almost 30% of 2014 EEOC Charges: Mon, 09 Feb 2015 07:57:36 - Pacific Time: Read More...

• EEOC Creates Resource Guide on Disabled Individuals for Employers: Mon, 09 Feb 2015 06:49:10 - Pacific Time: Read More...

• CHSWC Releases 2014 Annual Report on California's Health and Safety and Workers' Compensation Systems: Mon, 09 Feb 2015 05:50:45 - Pacific Time: Read More...

• EEOC Seeks to Improve Federal Sector EEO Complaint Process: Sat, 07 Feb 2015 00:56:38 - Pacific Time: Read More...

• Health Insurer Anthem is Hacked: Thu, 05 Feb 2015 20:42:02 - Pacific Time: Read More...