California’s unemployment projected to rise

Thursday, September 17th, 2009
California’s unemployment projected to rise
 
 
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    LOS ANGELES, Sept. 16 (Xinhua) — With employment forecast to contract 3.7 percent in 2009, California’s jobless rate will hit 12.2 percent in the fourth quarter and average 11.6 percent for the year, according to a forecast released on Wednesday.

    In 2010, employment will grow only at an anemic 0.2 percent rate, said economists at the University of California in Los Angeles (UCLA ).

    Amid high unemployment, California’s emergence from the doldrums will lag the nation’s, but more state exports and an improving housing market will help promote a slow recovery, according to the forecast.

    The worst national recession in seven years would likely end this quarter, according to the UCLA Anderson Forecast. It echoed Federal Reserve Chairman Ben Bernanke, who said in Washington, D.C., Tuesday that “from a technical perspective, the recession is very likely over at this point.”

    In California, the shrinking numbers of state and local government workers will drag down the economy for the balance of the fiscal year, while unemployment grows and personal income declines, wrote UCLA Anderson Forecast senior economist Jerry Nickelsburg.

    ”The stalled California economy is simply not producing the jobs required for the new entrants to the labor force over the next couple of years to prevent these elevated levels of unemployment to persist once the job layoffs cease,” he wrote.

    But steady improvements can be expected in the housing market, according to Nickelsburg.

    ”Now that prices have adjusted to levels which make existing homes more affordable, sales are increasing and conditions are becoming ripe for new residential construction,” Nickelsburg wrote.

    Also, the demand for California export goods is increasing, and consumer confidence appears poised to rebound.

    ”Though the consumer goods and services sectors remain very weak, consumer confidence surveys and the response to the ‘cash for clunkers’ program provide indicators that consumer demand may be on the verge of recovery…” he wrote.

    Additionally, “the implosion of hospitality, retail wholesale and transportation employment may be coming to an end,” said Nickelsburg.

    Overall, the state’s economy will show little or no growth for the balance of the year but begin to show some recovery toward the end of 2010 and in early 2011, Nickelsburg wrote.

    Nationally, the effects of the recession will linger “well into the next decade,” according to the forecast.

    The recession had its roots in over-indebtedness, and economic recovery will be stalled while consumers, businesses and financial institutions try to balance their books, the forecast said.

    ”Not only will financial institutions be less willing to lend, but consumers and businesses will be less willing to borrow,” according to the forecast.

    The forecast acknowledged signs of growth, likely persisting through next year, but pointed to the swine flu as a potential stumbling block.

    ”Obviously if the upcoming flu season is anywhere close to the public health prediction, economic activity could suffer from plant and office closings as well as sharp reductions in business and leisure travel, further battering the already hard-hit transportation and hospitality industries,” said UCLA senior economist David Shulman.

EEOC v. Go Daddy Software, Inc.

Wednesday, September 16th, 2009

In 2003, GoDaddy Software Inc. fired one of their employees after he complained about discrimination.  The employee believed he was terminated because of religious and racial prejudice and retaliation, which the employee denied.  The EEOC brought suit against the employer for unlawful termination and a verdict in favor of the EEOC was given.  The employer brought a renewed motion for judgment as a matter of law based on insufficient evidence, and in the alternative, moved for a new trial.  Both were denied.  The court held that a JMOL should not be given if there is evidence adequate to support the jury’s conclusion even if it is also possible for a contrary conclusion.

Starbucks Baristas Tips Lawsuit

Thursday, September 10th, 2009

The California Supreme Court on Wednesday declined to review an appellate court’s reversal of a ruling ordering Starbucks Corp. to pay more than $100 million in restitution for allowing store supervisors to share in their baristas’ tips.  The baristas are still considering what their next options will be.

Job Losses in U.S. Slow as Unemployment Climbs to 26-Year High

Tuesday, September 8th, 2009

According to Bloomberg News, the U.S. economy lost fewer jobs in August as unemployment climbed to a 26-year high, indicating the recovery from the worst recession since the 1930s will be slow to gain speed.

Companies cut payrolls by 216,000 workers, less than forecast, after a 276,000 drop in July, Labor Department data showed yesterday in Washington. The jobless rate rose to 9.7 percent, higher than anticipated, from 9.4 percent.

The figures stoked concern that a turnaround in the labor market will not begin until well after the recovery is forecast to take hold in the second half of the year. With the ranks of long-term unemployed nearing 5 million, workers are at risk of losing skills, making it difficult to eventually find a job.

Hidden Cameras At Your Workplace

Wednesday, September 2nd, 2009

In Hernandez v. Hillsides, Inc., S147522,  a residential facility for abused children, installed a hidden video camera in an office from which it believed someone was accessing pornographic websites after hours.  Two clerical employees worked in the office during the day, but were never told about the camera nor did they consent to its use.  After discovering the camera, the sued Hillsides for invasion of privacy- a common law tort requiring them to prove an intrusion into some private place, conversation or matter, and in a manner that a reasonable person would find highly offensive.  The California Supreme Court will soon decide whether an employer may have invaded the right to privacy of two of its employees when it installed a hidden camera in their office without their knowledge or consent.

The Economy is Even Worse Then You Think

Wednesday, September 2nd, 2009

The Bureau of Labor Statistics preliminary estimate for job losses for June is 467,000 which means 7.2 million people have lost their jobs since the start of the recession.  The cumulative job losses over the last six months have been greater than for any other half year period since World War II, including the military demobilization after the war.  The job losses are also equal to the net job gains over the previous nine years, making this the only recession since hte Great Depression to wipe out all job growth from the previous expansion.

Recent Class Action Decisions

Wednesday, September 2nd, 2009

Olvera v. El Pollo Loco (April 27, 2009) 173 Cal.App.4th 447

Plaintiff was the general manager of a restaurant owned and operated by El Pollo Loco.  Salvador Amezcua filed a class action complaint against El Pollo Loco.  A first amended complaint was filed, adding another Plaintiff to the action.  The suit alleged failure to pay overtime, failure to provide meal breaks, unlawful deductions from earnings, failure to provice accurate itemized wage statements, unfair business practices, and conversion.  Defendant moved to compel arbitration.  The trial court ruled that the arbitration agreement was procedurally and substantively unconscionable.  Following Gentry, the Court of Appeal  (2nd App. Dist., Div. 3) readily identified procedural unconscionability.  The court concluded that inequality in bargaining power between the low-wage employees and their employer makes it likely that the employees felt at least some pressure to sign the acknowledgment and agree to the new dispute resolution policy, whatever they understood that policy to be.  Also, the employee’s agreement to be bound by the new dispute resolution policy was not an informed decision.  The explanatory materials provided to the employees stated that the new dispute resolution policy was that employees should first contact management to resolve any problem and then, if the problem was not resolved in that manner, mediation was required.  The Court of Appeal also found substantive unconscionability. 

This is another example of the courts recent decisions to marginalize employer-drafted arbitration agreements .

Racial Discrimination Case Against WSJ to Proceed

Wednesday, September 2nd, 2009

Carolyn Phillips’ lawsuit against Dow Jones & Co. alleging racial discrimination was the cause of her termination from The Wall Street Journal will go forward, Judge Deborah Batts has ruled. The judge dismissed Phillips’ contention that she was also discriminated against due to a disability. A company spokesperson refuted all allegations of any type of discrimination and said they will defend the action.  Associated Press, LA Times  08/18/2009