California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Monthly Archives: May 2011

Two Bar Associations Give Employers Another Reason To Adopt Social Media Guidelines

Posted in Litigation, Privacy, Social Media
Social networking websites have become a treasure trove for lawyers looking for damaging information that could be used to impeach an opposing party or any adverse witnesses in a lawsuit.  As a result, the New York Bar Association’s Committee on Professional Ethics looked into the following question: May a lawyer view and access the Facebook… Continue Reading

Overtime Pay For Off-Duty Cell Phone Calls And Text Messages? Maybe!

Posted in FLSA, Litigation, Privacy, Wage and Hour
The cell phone, in particular the so-called “smartphones” (e.g. iPhones, Blackberrys, Android phones) are amazing.  These devices allow us to be in contact no matter where we are on a 24/7 basis.  Some employers issue these devices to their employees both as a benefit to the employee but primarily as a benefit to the employer… Continue Reading

Details Do Count; FEHA Statute Of Limitations To Sue Begins When “Right To Sue” Letter Is Issued, Not When It Is Received

Posted in Employment, Litigation
Lawyers are sometimes faulted for being overly detailed and “picky.”  Maybe so, but sometimes attention to detail can be important!  A good example is the recent court of appeal decision entitled Hall v. Goodwill Industries of Southern California, decided this past March 16, 2011.  In that case, Hall was terminated from his job at Goodwill… Continue Reading

School Administrator’s Sexually Explicit Craigslist Ad Costs Him His Job

Posted in Employment, Personnel Issues
There was a collective sigh of relief from employers and school districts alike this week when a California Court of Appeal overturned a personnel commission’s decision to reinstate a middle school administrator after he posted a pornographic and obscene ad on the popular Craigslist website soliciting (free) sex. Frank Lampedusa was a tenured dean of… Continue Reading

Computer Use Policies More Important Than Ever: Employee Liability Under The Computer Fraud And Abuse Act

Posted in Privacy, Workplace Policies
This guest post was authored by Alison Carrinski The U.S. Ninth Circuit Court of Appeals recently held in U.S. v. Nosal that an employer may sue for damages under the federal Computer Fraud and Abuse Act (CFAA) when an employee’s computer or data use exceeds authorization provided by the employer. Section 1030(a)(4) of the CFAA… Continue Reading

Six Million Dollar Settlement Is A Reminder Of The Importance Of Complying With The California Family Rights Act

Posted in CFRA, FMLA, Personnel Issues, Workplace Policies
The California Department of Fair Employment and Housing (DFEH) and Verizon Services Corporation, which employs more than 7,000 people, agreed to settle a class action lawsuit challenging the company’s handling of family medical leave requests under the California Family Rights Act (CFRA).  The DFEH’s lawsuit against Verizon alleges that the company had several policies and… Continue Reading