|
 In
the March, 2003 issue of San Diego Metropolitan,
an article focusing on the complex world of
Employment Law featured an interview with
Lois
Kosch, Partner with Wilson, Petty,
Kosmo & Turner. An excerpt of
the article appears below:
A hyperactive
California legislature keeps businesses off
balance and labor lawyers full employed.
Blame it on the 40-hour
work week legislation. Point a finger at California’s
mostly Democrat-controlled government or an
effective pro-labor lobby. Perhaps California
is just a testing ground for the rest of the
country. Whatever the reason, employment law
has changed so rapidly in California in recent
years that businesses have a hard time keeping
up with the revised regulations and laws.
While the trend started
several years ago, a glance at state legislation
that became effective this year makes it clear
employees have gained considerably more rights.
In addition to the California Family Leave
Act, new laws include changes in age discrimination,
which now begins at age 40; Cobra coverage
for up to 36 months, a 60-day written notification
for mass layoffs by employers of 75 or more
and greater protection for undocumented workers.
California’s employment laws are possibly
the most pro-employee in the nation.
One reason for the changes in labor laws is
the definition of the employer-employee relationship
is constantly in flux…
“It’s the evolution
of the law and society,” explains Lois
Kosch, a partner with Wilson, Petty, Kosmo
& Turner, LLP. “As we change, new
situations evolve where the law has to step
in to maintain a level of fairness. People
spend so much time at work that they identify
so much with their jobs. So it’s emotional
when they lose it, which can lead to litigation.
That’s why this area of the law changes
all the time. It’s very cutting edge.”
This trend is particularly
seen in increased litigation involving disabilities,
age discrimination and work hours issues.
“These laws are meant to protect employees,
but sometimes they go too far and tie the
hands of the employer,” says Kosch,
who earned her bachelor’s from Adelphi
University and her juris doctor degree from
Rutgers University School of Law.
Kosch specializes in sexual
harassment, employment discrimination and
wrongful termination matters. A speaker and
author on the topics, she counsels employers
on hiring and firing issues. Any complaints
or threats of a labor lawsuit, she says, need
to be taken seriously.
“It’s best to
take preventative measures,” she says.
“If a company doesn’t have a human
resources department, then the chamber of
commerce has information that can be helpful
on its Web site.”…
For more on this article
and others in the March 2003 issue, please
visit San Diego Metropolitan's website at
www.sandiegometro.com.
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