Gelson's Markets v. Worker's Compensation Appeals Board On November 13, 2009, the California Court of Appeal rendered its decision in Gelson's Markets v. Workers' Compensation Appeals Board, a workers' compensation discrimination case. |
Wrongful Termination (Barbosa v. IMPCO Technologies) In Barbosa v. IMPCO Technologies, Inc., the California Court of Appeal held that it is unlawful for an employer to terminate an employee because the employee made a reasonable, good faith claim |
Kin Care (McCarther v. Pacific Telesis Group) In McCarther v. Pacific Telesis Group, the California Supreme Court held that Labor Code Section 233, commonly known as the “kin care” statute, applies only to employer sick pay |
FMLA-Serious Health Conditions In Schaar v. Lehigh Valley Health Services, the Third Circuit Court of Appeals held that an employee's own testimony that she was "incapacitated" due to illness for a period of three or more days |
Definition of Employer for Wage and Hour Liability In Martinez v. Combs, the California Supreme Court concluded that the definition of "employer" for purposes of wage and hour claims may extend beyond the worker's employer to those companies with whom the employer does business |
Text Messages and Privacy In City of Ontario v. Quon, the United States Supreme Court found an employer had the right to review transcripts of text messages sent and received on the pager issued to its employee. |
DOL clarifies FMLA definition on Son or Daughter On June 22, the U.S. Department of Labor (DOL) announced that it has clarified the definition of “son or daughter” under the Family and Medical Leave Act (FMLA). The new DOL administrative interpretation |