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FLSA and WAGE & HOURReminder: Federal Minimum Wage Increase.
As a reminder, pursuant to the 2007 amendments to the Fair Labor Standards Act, the federal minimum wage is set to increase from $6.55 per hour to $7.25 per hour effective Friday, July 24, 2009.
Phelps Dunbar LLP - July 02, 2009
TITLE VIIRuling in New Haven Firefighters Case Resolves Potential Conflicts Between Disparate Treatment and Disparate Impact Claims and Presents New Challenges for Employers.
On June 29, 2009, the Supreme Court issued its long-awaited decision in Ricci, et al. v. Destefano, et al., also known as the New Haven firefighters “reverse” discrimination case. The case is significant because it establishes that an employer may not manipulate the results of legitimate, job-related promotional examinations to obtain a more diverse workforce absent a showing that there is a strong basis in evidence to believe the employer will be subject to disparate impact liability if it fails to take the race conscious discriminatory action. The case breaks new ground by resolving potential conflicts between disparate treatment and disparate impact claims, and presents new challenges for employers faced with potential litigation arising from testing requirements or other facially-neutral employment practices.
Baker Hostetler LLP - July 02, 2009

Federal Employment Law Article Index »

CALIFORNIADefending Wage Claims Before the California Labor Commissioner.
Most employers doing business in California are familiar with wage claims brought by current or former employees before the Division of Labor Standards Enforcement (DLSE), which is the state agency charged with enforcing the California Labor Code and the state's wage-hour laws and regulations. This article highlights the rules and procedures in defending a wage claim in California.
Fisher & Phillips, LLP - July 01, 2009
COLORADOColorado Court Provides Guidance On Enforceability of Covenants Not to Compete Against "Management Personnel".
In Colorado, covenants not to compete are void unless they fall within one of four statutorily defined exceptions. One of the exceptions that is unique to Colorado is that covenants that restrict "executive and management personnel and officers and employees who constitute professional staff to executive and management personnel" are permissible. Thus, for executive and management employees and their professional staff a covenant not to compete is lawful even in the absence of evidence that the management employee will threaten to disclose trade secrets.
Littler Mendelson, P.C. - July 02, 2009
MISSOURIMissouri Courts Further Restrict the Application of Covenants Not To Compete.
The Missouri Court of Appeals has held that a covenant not to compete and nonsolicitation agreement, which was reasonable in scope and temporal terms, was, nevertheless, unenforceable because the employer did not establish that an employee, who had substantial customer contacts, could make use of those contacts with customers to his former employer's disadvantage.
Littler Mendelson, P.C. - July 02, 2009
OREGONEmployer Speech in Oregon's Workplaces, the Impact of SB 519.
Oregon's Governor Ted Kulongoski (D) signed SB 519 on June 30, 2009. The new law, referred to by its opponents as the "Employer Gag Bill," and heralded by its supporters as the "Worker Freedom Act," prohibits employers from mandating employee attendance at meetings involving an employer's opinions regarding religious or political matters and prohibits employers from taking any adverse employment action against employees who decline to attend those meetings. One of the practical effects of the law is to try and impose a substantial change to union organizing campaigns in Oregon's workplaces. The law is effective January 1, 2010.
Littler Mendelson, P.C. - July 02, 2009
MISSISSIPPIReminder: Phase-In of Mississippi E-Verify Requirement.
On July 1, 2009, the provisions of the Mississippi Employment Protection Act (MEPA) of 2008 will take effect for Mississippi employers with between 100 and 250 workers. MEPA requires Mississippi employers to register for and utilize the Department of Homeland Security's E-Verify system. The system allows employers to submit the social security numbers of new hires to verify their immigration status and employment eligibility.
Phelps Dunbar LLP - July 02, 2009

State Employment Law Article Index »

Affiliate Law Firm Press Releases
Phelps Dunbar Attorneys Recognized in Florida Super Lawyers and Florida Trend's "Florida Legal Elite"
Phelps Dunbar attorneys in the firm's Tampa office have been recognized in the 2009 issues of Florida Super Lawyers and Florida Trend magazine's "Florida Legal Elite."
Phelps Dunbar - July 2, 2009
Jackson Lewis Adds Attorney in Memphis
Jackson Lewis LLP -- one of the country’s largest and fastest growing workplace law firms – announced that Whitney King Fogerty has joined the firm’s Memphis, Tennessee office as Of Counsel. She was formerly a shareholder with Ogletree, Deakins, Nash, Smoak & Stewart in Memphis where she specialized in labor and employment litigation.
Jackson Lewis - July 1, 2009
NCGA Obtains Injunction Against Secretary of Labor
A group of farmers and agricultural associations represented by national labor and employment law firm Constangy, Brooks & Smith, LLP, obtained an injunction against Secretary of Labor Hilda L. Solis on 6/29/09 regarding the H-2A nonimmigrant guest worker program, a program designed to fill labor shortages in agricultural employment.
Constangy - July 1, 2009

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