Discrimination Claims for Unionized Employees

The US Supreme Court handed employers a victory this month by ruling that a union contract can prevent employees with discrimination claims from filing suit. The ruling is limited to the facts of the case. . .

The clause in the particular union contract read that arbitration would be "the sole and exclusive remedy" for discrimination claims. Given this language, the Court ruled that employees working under this contract could not file discrimination claims in court.

The opinion is here:

http://www.supremecourtus.gov/opinions/08pdf/07-581.pdf

COBRA continuation coverage

Employers who layoff employees who are subject to COBRA (continuation of medical benefits under federal law) must pay 65% of the premium under federal law.

If you earn more than the income limit you will have to pay back the amount paid to you, as a tax.

The IRS has issued rules about eligibility for the 65% payment of COBRA coverage:

http://www.irs.gov/pub/irs-drop/n-09-27.pdf

Equitable Tolling of Discrimination Claims

Before filing a complaint of discrimination, you are required to file an administrative complaint with the Department of Fair Employment and Housing. That time limit is normally one year from the last act. (Disclaimer: You must consult an attorney regarding the specific facts of your case to determine applicable time limits.)

The California Supreme Court has extended that time limit in some situations. The Court ruled that employees who first follow internal complaints or some other mechanism to resolve discrimination claims "toll" the time limit for filing administrative complaints with the Department of Fair Employment and Housing.

The doctrine is called "equitable tolling," and the decision can be found here: www.courtinfo.ca.gov/opinions/archive/S153964.DOC