Labor Law Update
June 13, 2000 by Beeson Tayer & Bodine
New Law Limits Employers’ Right to Terminate for Off-the-Job Conduct
Effective January 1, 2000, employees who lost wages as a result of demotion, suspension, or discharge from employment for lawful conduct occurring during non-working hours away from the employer’s premises can file wage claims through the Labor Commissioner. (Cal. Labor Code §96)
Clinton Proposes Allowing States to Use Unemployment Funds for Family Leave
Many workers support the Family Leave laws, but are unable to use them because they cannot forgo a paycheck. President Clinton has directed the Labor Department to propose regulations aimed at encouraging states to develop ways of using their unemployment insurance systems to support parents taking leave to care for newborns or newly adopted children.
No Personal Liability under FEHA for Non-Supervisory employees who harass Co-Workers The California Supreme Court has determined that a non-supervisory employee who sexually harasses a co-worker cannot be held personally liable under the Fair Employment & Housing Act.
FEHA’s language states that “It shall be an unlawful employment practice . . . for an employer . . . or any other person, because of . . . sex, . . . to harass an employee.” The Court disagreed with the plaintiff’s argument that because the statute prohibits any person from committing harassment, co-workers can be liable. Instead, the Court held that the Act applies only to unlawful employment practices and that this is defined as occurring in cases of co-worker harassment only if the employer knows of the harassment and fails to take corrective action. The Court reasoned that the legislature could not have intended an employee’s liability for harassment to turn on the employer’s knowledge. (Carrisales v. Dpt. of Corrections, 21 Cal. 4th 1132.)
Court Permits Search of Employee’s Home Computers
In February, Northwest Airlines conducted court-authorized searches of the home computers of several flight attendants, looking for private e-mail and other evidence that the employees helped to organize a sickout at the airline over the new Year’s holiday. The search has since been suspended pending a temporary settlement of the airlines suit against Teamsters Local 2000, which represents the flight attendants.
Public Sector Unions Not Subject to Secondary Boycott Liability under the LMRA
ILWU Port pilots employed by the City of Los Angeles picketed a neutral employer causing members of other ILWU locals to refuse to cross the picket line. Pacific Maritime Association, a multi-employer bargaining unit with no relationship to the port pilots sued the ILWU locals for damages caused by an unlawful secondary boycott under Section 303 of the Labor Management Relations Act, charging that the picket was illegally intended to force PMA to cease doing business with the Port of L.A. The 9th Circuit Court of Appeals dismissed the suit holding that the LMRA did not apply to Unions representing public sector employees. (PMA v. Local 63, ILWU, 198 F.3d 1078)
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