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Brown v. Lucky Stores, Inc.
Safe harbor provision of Americans with Disabilities Act applies to employees who have not had alcohol for meaningful amount of time.
Employment Law Jun. 28, 2001
Boykin v. ATC/Vancom of Colorado
Disabled bus driver is not entitled to dispatcher position that was created six months after termination.
Employment Law Jun. 28, 2001
Southern California IBEW-NECA Trust Funds v. Standard Industrial Electric Company
ERISA does not preempt stop notice and payment bond remedies for money owed to employees for work on public construction project.
Employment Law Jun. 28, 2001
Weeks v. Bayer
Public employee's claim for unlawful retaliation in violation of First Amendment fails; comments about prison program's funding status not of 'public concern.'
Employment Law Jun. 28, 2001
Bell v. Farmers Insurance Exchange
Labor Code Section 1194 does not authorize award of interim attorney fees.
Employment Law Jun. 28, 2001
Matthews v. Oregon State Board of Higher Education
University did not violate state or federal law by denying tenure to faculty appointee.
Employment Law Jun. 27, 2001
Harden v. Roadway Package Systems Inc.
Court did not have jurisdiction to compel arbitration under Federal Arbitration Act because transportation workers involved in interstate commerce are exempt.
Employment Law Jun. 26, 2001
Shaw v. Sargent School District No. RE-33-J
School district employee is entitled to early retirement benefits under policy adopted by district.
Employment Law Jun. 25, 2001
Hahn v. Pima County
Corrections officers not entitled to overtime wages for lunch breaks despite being required to respond to emergencies.
Employment Law Jun. 14, 2001
McKinney v. City of Oklahoma City
Order
Employment Law Jun. 13, 2001
Pollard v. E.I. Du Pont De Nemours & Co.
Compensatory damages do not include front pay, which is calculated separately and is not subject to statutory cap.
Employment Law Jun. 13, 2001
Hahn v. Pima County
Corrections officers not entitled to overtime wages for lunch breaks despite being required to respond to emergencies.
Employment Law Jun. 13, 2001
Cummins v. Mold-In Graphic Systems
Employee who claims he was terminated for refusing to commit illegal act must show act was actually illegal.
Employment Law Jun. 13, 2001
Williams v. Hallmark Cards, Inc.
Order
Employment Law Jun. 13, 2001
Braxton v. Dillon Companies Inc.
Order
Employment Law Jun. 13, 2001
Zhuang v. J.D. Edwards & Co.
Order
Employment Law Jun. 13, 2001
Hall v. Flight Safety International, Inc.
Order
Employment Law Jun. 13, 2001
McDonald v. Dept. of Labor and Industries of the State of Washington
Labor department's reopening of workers' compensation claim is not admission by party opponent.
Employment Law May 23, 2001
Selenke v. Medical Imaging of Colorado
Employee with sinus condition fails to establish disability discrimination because employer altered workplace ventilation and offered alternative positions.
Employment Law May 23, 2001
Pricer v. State of New Mexico
Order
Employment Law May 23, 2001
Isham v. Wilcox
Order
Employment Law May 23, 2001
Waterjet Technology Inc. v. Flow International Corp.
Employment agreement requiring assignment to employer of patents created during employment term provides adequate notice and is enforceable.
Employment Law May 20, 2001
International Brotherhood of Electrical Workers, Local No. 46 v. Trig Electric Construction Co.
Union's lien foreclosure action against contractor to enforce subcontractor's duty to make payments to ERISA governed benefit plan pre-empted by ERISA.
Employment Law May 20, 2001
Cockle v. Dept. of Labor & Industries
Value of employer paid health care benefits should be included in calculating worker's compensation payments.
Employment Law May 20, 2001
Ellerman v. Centerpoint Prepress Inc.
Business manager of insolvent corporation is not personally liable as vice principal or agent for willfully withholding wages.
Employment Law May 20, 2001
Ellis v. The City of Seattle
Sound technician's termination for refusing to alter fire-alarm system without written authorization is violation of public policy.
Employment Law May 18, 2001
Pulcino v. Federal Express Corp.
Temporary disabilities sustained at work trigger employers' duty to provide accommodations.
Employment Law May 18, 2001
Romo v. Y-3 Holdings Inc.
Courts will not compel arbitration where arbitration provision in employee handbook is severable and was not signed by employee.
Employment Law May 18, 2001
Starzynski v. Capital Public Radio Inc.
Employee may not sue for breach of contract despite employer's oral reassurance of continued employment.
Employment Law May 18, 2001
Kohler v. Inter-Tel Technologies
California courts likely will adopt affirmative defense to employer liability for workplace harassment sent forth in federal case law.
Employment Law May 17, 2001