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July 2005


【判例】カリフォルニア州 セクハラの新定義

CA Court Expands Definition of Harassment
So, you've lost a promotion to someone you just know is sleeping with the boss.
What can you do about it? In California, you may now sue for sexual harassment,
thanks to a ruling Monday by the state Supreme Court.

Workers who lose promotions to colleagues who are sleeping with
the boss can sue their employers for sexual harassment,
the California Supreme Court ruled Monday.



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New Type of Bias Suit Combines Gender, Race
Companies that operate in major metropolitan areas are
most at risk for a new type of gender-bias lawsuit,
according to a labor lawyer.




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Exempt Employee Vacations

The Labor Commissioner has withdrawn an August 2002 Division of Labor Standards Enforcement (DLSE) opinion letter on the subject of exempt employee vacations. The withdrawn letter said that an employer must provide nine months' notice if it requires exempt employees to use vacation or PTO time during a plant shutdown.

The Labor Commissioner now finds no statutory or regulatory authority for the nine-month advance notice. Instead, reasonable notice may be required, meaning "...as far in advance as possible but generally no less that one full fiscal quarter or 90 days, whichever is greater."

2002年のexempt employee vacationsに関する意見書が廃案となった。以前の意見書では雇用者は、工場を閉鎖する間にExemptが有給休暇を使用する必要がある場合、9ヶ月前に報告しないといけないことになっていた。


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Meal and Rest Periods - Wage or Penalty?

The state agency in charge of enforcing wage and hour laws, the Division of Labor Standards Enforcement (DLSE), is currently reviewing regulations governing meal and rest periods. DLSE has temporarily resolved that the one hour of additional pay due an employee who is denied a meal and/or rest period is a "penalty" rather than "wages." The distinction is important because there is a three-year statute of limitations for failing to pay wages but only a one-year limit for penalties.

Division of Labor Standards Enforcement (DLSE)は食事時間と休憩時間のルールを見直している。

■What Should You Do?

Require eligible hourly employees to take an uninterrupted meal period of at least thirty minutes.
Make sure hourly employees take appropriate rest periods.
Monitor www.hrcalifornia.com for news about the meal and rest period regulations.



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Employee Rights Not Waived By Union Contract

The federal Ninth Circuit Court of Appeals has decided that a unionized employer cannot use its collective bargaining agreement (CBA) as an excuse for failing to meet state employment law requirements. The case arose when employees filed a lawsuit claiming that for many years they had been denied the meal and rest breaks mandated by the California Labor Code.


■What Should You Do?

・Comply with all state and federal employment laws and regulations.

・Be sure that all employees have the opportunity to take rest periods during daily work schedules.

・Require that all employees working five hours or more take an uninterrupted meal period of at least thirty minutes.

・Watch www.HRCalifornia.com for information on new regulations interpreting California law on meal and rest breaks.






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【法廷】JOB OFFERに気をつけて

Job Offer Follow Through Critical

In two recent cases, California appeals courts held employers responsible for lost future income to employees who left secure jobs to accept new positions. In one case an employer made a job offer and then withdrew it; in the other, the hiring supervisor misrepresented the compensation of the new position.

カリフォルニア州高裁では、JOB OFFERをめぐる2つのケースで、候補者の失われた将来の収入を企業が保障しなければならないという判決が下された。1つのケースは一度オファーをだしておきながら、引き下げた場合。もうひとつは新しいポジションの報酬を間違えて伝えてしまった場合だ。

■What Should You Do?

・Offer employment only after you have completed all steps in the hiring process.

・Train all interviewing supervisors as to the limits of their authority to discuss terms of employment.

・Require all interviewing supervisors to tell applicants that employment offers can only be made in writing by an authorized company representative.

・When making written offers of employment, include a clear statement that your company is an at-will employer (explaining what that means) and clearly describe any conditions that remain to be satisfied before the offer is firm.





・文書でオファーを出す時は、あなたの会社がat will employer であること、


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