February 2003
WIN AT WORK MONTHLY
A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
Win at Work	Employee Rights Update
PROGRESS AT WORK “O, how full of briers is this working‑day world,” said Shakespeare. No wonder—he lived in an age of total domination by employers. There were few, if any, laws governing wages, discrimination, privacy, safety, whistle‑blowing, overtime, termination and unemployment. Elizabeth I was Queen of England during this time, and business owners were kings in the workplace. The employment scene has changed considerably since then. Laws passed by representatives of the people have changed the relationship between employers and employees in the last two centuries. Theoretically, employers and employees have both benefited from this progress. Happier workers are more productive. There is no doubt that conflicts in the workplace will continue. Legislators will continue to fine‑tune discrimination laws for years. Safety rules will change with new conditions of production. Workers will continue to press for higher wages. But certainly, if Sir William punched a time clock today, he would find many more roses than thorns.	PRETRIAL CHANGES Summary judgment is a method the courts use before trial to dispose of cases that do not have enough merit or any dispute of a material fact to be placed before the jury. This procedure can dispose of all or a part of the issues in a case before the date of the actual trial. As of January 1, 2003, California has changed the law to permit a longer period of notice for summary judgment motions. This change tends to favor plaintiff employees. More time is allowed for investigation “discovery” and getting to the truth of the matter. Defense attorneys will have less and sometimes no opportunity to ambush employees in the last stages of their employment case. Employees will have better chances to take their case before a jury of fellow citizens. Peter W. Taylor, Attorney
Update on our attorneys: Don Sessions will comment on KPBX Public Radio (89.5 San Diego) next Monday at both 6:30 and 8:30 AM about employee rights against former employers who give bad references to prospective employers.
Look for our answers to employees’ questions in the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. E-mail us at dds@job-law.com to have your address added or removed from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:info@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column which appears in the Los Angeles Times’ “Career Builder Magazine” and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2003 by Don D. Sessions.