Friday, April 27, 2007

Week In Review (April 27, 2007)

Most Popular Federal Law Article

Who’s There? What to Do When the Government Is Knocking on Your Door - An Employer’s Guide to Handling Government Visits and Information Requests.
32 page report on what to do when Government agencies are looking for information, from OSHA to the FBI.
Located On: Littler Mendelson, P.C.

Most Popular State Law Article

Missed Meal & Rest Periods Will Cost Employers More Following California Supreme Court Decision.
Everything you need to know about how the Kenneth Cole decision will cost you. 
Located On: Littler Mendelson, P.C.

Most Popular Headlines

Pride, envy and other workplace sins
North Jersey - April 24, 2007

Friday, April 20, 2007

Week In Review (April 20, 2007)

Most Popular Federal Law Article

EEOC Wins Appeal of $3.4 Million in Pre-employment Strength Testing of Females (pdf).
As many employers know, pre-employment strength testing of physical strength is quite common, particularly in jobs requiring physical strength as part of an essential job function.
Located On: Phelps Dunbar LLP

Most Popular State Law Article

California Supreme Court Rules in Favor of Employees in Long-Awaited Meal and Rest Break Case.
The California Supreme Court has finally decided the meal and rest break issue.
Located On: Hogan & Hartson LLP

Most Popular Headlines

Court: Employees must be paid for lunch breaks
Silicon Valley Business Journal - April 17, 2007

Monday, April 16, 2007

California Supreme Court Holds Meal Period Penalties Actually Are Wages

In Murphy v. Kenneth Cole Productions, the California Supreme Court unanimously decided that the extra pay California employees receive when meal and rest periods are not properly given is a form of “wages,” rather than a “penalty.” Nevermind that you don’t have to do any work to earn the “wage.” If your meal period starts 5 minutes later than the law allows, you get the extra hour’s pay.  If your meal period is two minutes too short, you get the extra hour’s pay, even if you are being paid for the 2 minutes of extra work you performed. The Legislature apparently intended this penalty to be a wage because it meted out the penalty’s value in terms of an hour’s pay. If the Legislature had required the penalty to be paid in shrimp, I guess the Court would have called the penalty a bouillabaisse.  Why does anyone care about this?  The statute of limitations for unpaid “wages” (now including meal period pay) is three years.  The statute of limitations for penalty claims is just one year.

DGV

Friday, April 13, 2007

Week In Review (April 13, 2007)

Most Popular Federal Law Article

Employers Must Use New EEO-1 Form for 2007.
September may seem like a long way off, but employers must be ready to file the new EEO-1 form.
Located On: Ford & Harrison LLP

Most Popular State Law Article

Defamation in the securities industry: Important decision for financial institutions.
Disclosures made on the Form U-5 are protected by absolute immunity and not a qualified privilege.
Located On: Nixon Peabody LLP.

Most Popular Headlines

Employer cannot question claimants about the accuracy of their SSNs
CCH - April 06, 2007

Thursday, April 12, 2007

Dispute Resolution: What is the lesson from the Don Imus story

What can employment lawyers learn about prevention and resolution of employee disputes from the Don Imus story?

* The rules of engagement have changed . . . if an employer doesn’t have a policy against discrimination, publish one now;

* All employees, from the top of the org chart to the bottom, but particularly the top, must be trained to know what the rules say, how they will be enforced, and what each employee’s responsibility is to enforce them;

* When it comes to discrimination, some infractions will not be subject to progressive discipline;

* Speed and decisiveness sends a clear message that all employees and customers can understand.

As succinctly summarized by DiversityInc.com (April 12, 2007): Racial incidents are no longer a side issue for companies like this. What these companies do and how they’re perceived affect everything, including employee morale and retention. It’s really hard to be proud of a company that exhibits no moral fiber, and in our “YouTube” society, you have a “New York minute” to make the right choice.

Friday, April 06, 2007

Week In Review (April 6, 2007)

Most Popular Federal Law Article

New H-1Bs May Be Filed On Friday, March 30, 2007 - Cap May Be Hit In One Day.
The annual H-1B quota was likely met yesterday.
Located On: Ogletree Deakins

Most Popular State Law Article

N.J. Supreme Court Rules that a Retaliation Case Requires Underlying Complaint Be Made “Reasonably and in Good Faith”
It’s hard to imagine that it took this long, but plaintiff’s are now required to establish that a retaliation claim under the NJLAD was reasonably filed and done in good faith.
Located On: Littler Mendelson, P.C.

Most Popular Headlines

Bosses can fire for almost any reason
The Desert Sun - April 02, 2007