August 2007 |
|
|
|
|
|
||||||||||||||||||
|
|
|
||||||||||||||||||
|
|
|
||||||||||||||||||
|
|
|||||||||||||||||||
|
||||||||||||||||||||
 |
||||||||||||||||||||||||||||||||||||||||
Employers Group’s ever-popular Workplace & Employment Law Update is back – and is better than ever! Make note of these dates and sign up now:
Attend this year’s Workplace & Employment Law Update (WELU) and take away practical HR-related tips to prepare you for workplace issues in 2008. This year’s theme is the “Top 10” – and during the course of the day, you will learn the top ten points you must know about:
Break Out Sessions
This year’s presenters include top employment attorneys, practitioners and experts from throughout the state, and the program includes a special presentation from a plaintiff’s attorney! Hear this unique and contrary position on employment issues. As a bonus, attendees will receive presentation materials and handouts for all sessions, including all four break-out sessions. Don’t WELU alone!
*Discount ends three weeks prior to event
Register Early!
TOWN HALL Los Angeles presents… Comptroller General of the United States, David Walker from the US Government Accountability Office, and other panelists will address our nation’s growing debt. Another event in TOWN HALL’s Finance & Economy Series, the Fiscal Wake-up Tour is a joint public engagement initiative by The Concord Coalition, the Budgeting for National Priorities Project at the Brookings Institution and the Heritage Foundation. Panelists include:
The panel is moderated by President of TOWN HALL LOS ANGELES, Dr. Jon Goodman. Tuesday, September 11, 2007
*By selecting EG Member rate, I certify that I am an active member of Employers Group. Deadline for reservations and/or refunds is two business days prior to the event. | ||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||
 |
|
The Employers Group’s Legal Committee announced two important wins for California employers last Thursday, on August 23, in a pair of decisions published by the California Supreme Court that day. In both cases, the Legal Committee submitted lengthy amicus briefs to the state’s Supremes in support of California employers. Operating largely behind the scenes, our Legal Committee works very hard to ensure management’s voice is heard in cases critical to the California business community, exemplified by summaries of the decisions below: 1. In Prachasaisoradej v. Ralph’s Grocery Co., the company implemented a profit-sharing program that awarded participating employees supplementary income, above their regular wages, using a formula that subtracted the store’s operating expenses from its revenue. The plaintiff argued that by reducing the bonus based on operating expenses, the employer made illegal “deductions” from employees’ wages, recouping from the employees the costs employers alone must shoulder under Labor Code § 221. Moreover, because the employer used workers’ compensation costs in its calculations, the employer was violating Labor Code § 3751, which prohibits employers from “deduct[ing] from the earnings of any employee…to cover…the cost of [workers’] compensation.” In overturning the appellate decision, the California Supreme Court stated that such a bonus plan was not a deduction at all, but rather supplementary compensation. The bonus created no expectation or entitlement to wages that were then taken back by the company to cover business costs. Additionally, the company’s formula was based on “normal concepts of profitability,” a factor in not only workers’ compensation costs, but such costs as the electric bill. The Amicus Brief in this case was filed and presented by Employers Group Legal Committee member Deborah J. Clarke of Gibson, Dunn & Crutcher LLP, along with attorneys Elisabeth C. Watson and Lisa A. Barr of the same law firm. All three are named as the attorneys for Amicus Curiae of the Employers Group and the California Employment Law Council. 2. In Green v. State of California, the issue before the court was whether state law (i.e., the Fair Employment and Housing Act or FEHA) mirrored the federal Americans with Disabilities Act (ADA) requiring that an individual suing for disability discrimination must first prove they are “qualified” (i.e., that the individual can perform the job, with or without reasonable accommodation) – despite the fact that the term “qualified individual” is not specifically articulated in state law as it is under the ADA. The court relied on the FEHA’s language, legislative intent, and case law interpreting the statute to conclude that despite the absence of such a term as “qualified individual,” the statute cannot be read without assuming that any individual suing for disability first establish that they were qualified to do the work in the first place. Further, the court clarified that it is the plaintiff’s burden of proof, and not the employer’s, to show that they can perform the job functions. The Amicus Brief in this case was filed and presented by Employers Group Legal Committee member Paul W. Cane, Jr. of Paul, Hastings, Janofsky & Walker LLP, along with attorneys Katherine C. Huibonhoa and Jaime D. Byrnes of the same law firm. All three are named as the attorneys for Amicus Curiae of the Employers Group and the California Employment Law Council. For more information, or to receive a copy of the complete summary of the court decisions in either case, contact an Employers Group Helpline staff member at 800.748-8484 (Option 1), or email mnelson@employersgroup.com. We will further cover these cases in the October 2007 EG newsletter. |
 |
 |
||||||
The new report incorporates the information you are accustomed to seeing:
PLUS New Features:
Survey results will be released by the 2nd week in September. If you have any questions about this survey or any other EG service, please contact the survey group at (213) 765-3920 or via email surveys@employersgroup.com. We look forward to your participation! |
||||||
| |
 |
Employers Group has partnered with Talon Executive Services, Inc. (Talon) to provide corporate security and investigations expertise to our members in need. Talon is a professional security and risk management firm providing full spectrum services to secure corporate assets and prevent loss due to malevolent acts. Talon’s agents, who are former Secret Service, FBI and Military, as well as other law enforcement investigators, offer an array of expertise and experience to address security issues and design solutions. Talon’s unique integrated approach blends information and physical security, creating comprehensive security solutions. Talon’s services include:
As a strategic partner of Employers Group, Talon’s founder and CEO is the instructor for our public workshop, “Workplace Violence & Security,” a new course for 2007-2008. Click here for scheduled dates and times. For more information on Talon’s services, please contact Katherin Scott at Employers Group at kscott@employersgroup.com or (213) 765-3949. |
|
Every workplace in America is vulnerable to sexual harassment claims. Statistically, they are among the most common claims filed against employers. While experts recognize that prevention is the best cure, employers often wait until claims are filed to address the problem. With the introduction of AB 1825 two years ago (assuming an employer is in compliance) some of the potential liability has been removed, but with an issue as complex as harassment prevention, there is still room for concern. Get the answers in Richard Simmons’ latest book In his updated publication “Sexual Harassment Training Manual and Prevention Kit – 7th Edition,” Attorney Richard J. Simmons provides essential advice to employers about prevention steps, including training, complaint procedures, investigation techniques, and corrective action measures. The book also offers tools that include training outlines, quizzes, policies, and “promise” statements – all designed to help employers avoid problems and win cases that are unfounded. Among the subjects addressed are:
With the recently approved AB 1825 final FEHC regulations on mandatory sexual harassment training for California supervisors, this publication is more valuable than ever. This book, and many more by Richard Simmons, is available at the EG Store at discounted member rates. For more information please visit our website. Or you call our Member Service Center at 800.748.8484 to speak with a representative |
|
