Privacy, Business and Law

Pending legislation currently being debated in the state legislature and the halls of Congress this term include: a ban on secret monitoring of e-mail, subjecting small employers to the family leave laws, and easing comp time rules. Here is a brief summary of major legislation that could affect employers.

In the recent case of Pang v. Beverly Hospital, 2000 WL 366294 (2000), the California Court of Appeal held that a worker is not entitled to take time off to help an elderly parent move to a new home under California’s Family Rights Act (CalFRA) because this does not constitute caring for a parent within [...]

The Ninth Circuit Court of Appeals ruled recently that an employer did not violate the Americans with Disabilities Act (“ADA”) by requiring a former employee to provide a medical release before rehire. (Harris v. Harris & Hart, Inc., 9th Cir., No. 98-35949, 3/13/00).

The California Supreme Court recently ordered depublication of the case Electro Optical Industries, Inc. v. White, 76 Cal. App. 4th 653 (1999). The California Court of Appeal had adopted the inevitable disclosure doctrine in this case, concluding that an employer may enjoin a former employee from working for a direct competitor where the new employment [...]

In the recent case of First America Automotive, Inc. v. Sweeney, 2000 WL 378257 (Cal. App. 6 Dist.), Edwin Sweeney, who had been employed by First America Automotive as a car salesman, sought to have his claim for wages heard by the Labor Commissioner, despite a provision in his employment agreement providing for arbitration of [...]

On May 3, 2000, the House unanimously approved legislation amending the Fair Labor Standards Act (“FLSA”) to ensure that employee stock option profits are not included in the regular rates of pay for purposes of overtime calculations.