Friday, October 26, 2007
Week In Review (October 26, 2007)
Most Popular Federal Law Article
10 Types of “Caregiver Discrimination” Identified By the EEOC.
On May 23, 2007, the EEOC issued guidance on an increasingly complex area of employment law, indicating that it will begin to focus more intently on what it calls “caregiver discrimination.” Caregivers can include employee parents (or soon to be parents) with small children, employees who care for aging parents as adult children, or employees who care for disabled individuals.
Located On: Helms Mulliss & Wicker
Most Popular State Law Article
Rest Break and Meal Period Claims After Murphy v. Kenneth Cole Productions.
The California Supreme Court decided earlier this year, in Murphy v. Kenneth Cole Productions, that the one-hour premium employees receive for violation of meal break or rest period laws is a wage and not a penalty. Because the statute of limitations for unpaid wages is three years (or four years under an unfair competition theory), and the statute of limitations for penalties is only one year, Murphy means that multi-million class actions against state-wide employers are potentially three times more lucrative for plaintiffs and their lawyers. As a result, the plaintiffs’ bar continues enthusiastically to file class actions alleging violations of the meal and break laws.
Located On: Shaw Valenza LLP
Most Popular Headlines
Boss sets the tone for employees’ morale
Post Gazette - October 23, 2007
Friday, October 19, 2007
Week In Review (October 19, 2007)
Most Popular Federal Law Article
Office Romances and the Risk of Liability.
A recent study revealed that at least seventy percent of employees will date someone at work at least once during their careers. In fact, nearly one-half of all married couples met each other in the workplace. In light of these statistics, employers cannot ignore the various issues that may arise when employees engage in romantic relationships with people they meet at work.
Located On: Shaw Valenza LLP
Most Popular State Law Article
California Adopts Military Spouse Leave Law
Effective immediately, California employers must, under certain circumstances, provide up to ten days of unpaid leave to employees who have spouses in the military.
Located On: Ford & Harrison LLP
Most Popular Headlines
Workplace Privacy Challenges
HR Executive - October 16, 2007
Friday, October 12, 2007
Week In Review (October 12, 2007)
Most Popular Federal Law Article
Paid Holidays Count Toward Twelve-Week FMLA Entitlement.
In a case of first impression, the First Circuit Court of Appeals ruled that work holidays falling on days when an employee is out on intermittent Family and Medical Leave Act leave of one week or more can count toward the employee’s statutory twelve-week FMLA leave entitlement.
Located On: Jackson Lewis LLP
Most Popular State Law Article
Changes in New York Labor Law Impact Employers.
New York employers should be aware of recent amendments to New York’s Labor Law that may require them to revise their employment policies and procedures. One significant amendment, which takes effect October 16, 2007, requires employers to put in writing the terms of employment for commissioned salespeople or risk an adverse presumption in any wage action brought against the employer. See Section 191 of the New York Labor Law. This change in the state labor law is part of an effort to address difficulties the New York Department of Labor has experienced in investigating wage payment claims for commissions in the absence of a written agreement detailing the terms of employment.
Located On: Ford & Harrison LLP
Most Popular Headlines
Biz Coach: 10 HR tips to avoid EEOC headaches
KOMOTV - October 10, 2007
Friday, October 05, 2007
Week In Review (October 5, 2007)
Most Popular Federal Law Article
Hospitality Update: Applebee’s Automated Timekeeping Leads To Lawsuit.
Gerald Fast has worked at two Applebee’s restaurants since 1998. He has held many different jobs: cook, server, host, expediter, and bartender. Sometimes he rotated these duties during short time periods, but from May, 2005, he has worked almost exclusively as a bartender. While serving customers, Fast had the opportunity to earn tips, so Applebee’s used a “tip credit” when calculating his pay to ensure he made at least the minimum wage for each hour he worked.
Located On: Fisher & Phillips, LLP
Most Popular State Law Article
Better Put that in Writing! New York Updates Its Law on Commission Agreements and Other Wage-Related Statutes.
Governor Spitzer recently approved legislation designed to assist the efforts of the New York State Department of Labor (NYSDOL) to enforce various provisions of the state Labor Law. The first change, which goes into effect October 16, 2007, requires employers to memorialize in writing the terms of employment for commissioned salespersons. Other changes expand coverage of certain provisions of the Labor Law, raise the administrative penalties for failing to provide meal periods and one day of rest, and decrease the number of employees whose wages may be deposited directly into their accounts without written consent. These latter changes become effective on January 14, 2008.
Located On: Littler Mendelson, P.C.
Most Popular Headlines
Why Weight-Discrimination Cases Pose Thorny Legal Tests
Wall Street Journal (Subscription) - October 02, 2007
Page 1 of 1 pages
Federal Article Feeds