June 2002

WIN AT WORK MONTHLY

	A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
		Win At Work GROUP CLAIMS The old adage, “The more, the merrier,” doesn’t always apply to employees making claims against an employer. True, there is often strength in numbers. When each employee’s claim is small, group claims may be the only way to make yourself heard. Multiple claimants can support each other as witnesses, share attorney’s fees, and provide a powerful force against a well‑financed corporate opponent. Class action lawsuits often generate massive publicity and recoveries. However, class actions are also complicated and may take years to resolve. You should first do what’s best for you before solving the problems of others. If you have a sizable individual claim, the assurance of confidentiality and threat of including others in the action give the employer strong motivation to make you happy. “Making a mountain out of a molehill” or keeping your claim a molehill before it becomes a mountain are both effective ways to get your employer’s attention. So, employers, “Listen up!”		Employee Rights Update ENGLISH ONLY? Over 18% of the U.S. population speaks a language other than English at home. Many cannot speak English well or have difficulty communicating clearly. As of January this year, California employers with five or more employees cannot adopt or enforce policies that prohibit the use of non- English languages in the workplace. The law codifies the earlier position of the California Department of Fair Employment and Housing, that English-only rules are a form of illegal discrimination based on National Origin. Employers can enforce English-only rules for reasons of safety and efficiency, but only if there is no practical alternative. According to the law, there must be an “overriding business necessity” for the rule. What this means must be determined by the courts on a case-by-case basis. Promotion of “racial harmony” is not a valid reason; but the ability to communicate with supervisors or customers may be depending on the situation. - Mark J. Keough, Attorney
			Update on our attorneys – Mark Keough, Patrick Turner, and Don Sessions, settled several cases in mediation, each in the six-figure range. Don Sessions and Stephen Kimball, along with a co-counsel filed a class action lawsuit against a national insurance brokerage company, which resulted in an article in the Orange County Register.
Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Monday Business Section or 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 has appeared 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. ©2002 by Don D. Sessions.