News

NEW LEGISLATION BRINGS MORE CHANGES THAN REPORTED

During August, President Clinton signed numerous bills into law containing many changes in employment laws. While most employers are aware of broad changes in the minimum wage, welfare, and health care laws, there are many details in these laws that have not been widely publicized. The following discusses some of these changes. Return to Employment Law Bytes Return to Adam Conti’s Internet Law Office Last revised November 1996. Copyright © 1996 Adam J. Conti. All [...]

EEOC CHANGES STANDARDS FOR FINDING VIOLATIONS

A very important but little publicized change was made in the EEOC investigation practices around the first of August this year. The EEOC's associate legal counsel, Peggy Mastroianni, announced that the EEOC will be making more "cause" findings in its investigations, and changing the standard of what it determines to be "cause" to believe that discrimination had occurred. Mastroianni stated that a "cause" finding used to mean that a charge was worthy of litigation by [...]

Vizcaino v. Microsoft

In Vizcaino v. Microsoft , No. 94-35770 (9th Cir.Oct. 3, 1996)the U.S. Court of Appeals for the Ninth Circuit finds that a class of certain employees who had been characterized as independent contractors by Microsoft Corporation were improperly denied participation in the company’s 401(k) and employee stock ownership plans. In reaching this conclusion the court relied upon the express language of the plan documents, the legal doctrine of construing certain ambiguous written instruments against the [...]

THE WORKPLACE & THE INTERNET

The Workplace & The Internet: Resources,Risks,Privacy & Opportunities - Maintaining Employment Records Electronically I examine the legal issues raised by according employees workplace access to the Internet. This Article has been adapted from materials collected for a presentation I made on this topic for Wimberly & Lawson's 1996 Labor Relations Conference Update. As with most pressing employment law issues, legal uncertainty is associated with granting employees Internet access. Still, there are a few safeguards employers should implement to minimize their exposure when instituting this and similar technological innovations.