Friday, July 25, 2008

Week In Review (July 25, 2008)

Most Popular Federal Law Article

Election of Remedies Provision Does not Violate Title VII.
Creating a split among the federal appeals courts, the Second Circuit recently held that including an election of remedies provision in a collective bargaining agreement (CBA) is not unlawful retaliation in violation of Title VII. See Richardson v. Commission on Human Rights and Opportunities (July 7, 2008). The clause at issue in this case provided that disputes over unlawful discrimination would be subject to the CBA’s grievance procedure but would not be arbitrable if the employee filed a discrimination charge with the Commission on Human Rights and Opportunities (CHRO) (the state civil rights agency, who was also the employer in this case).
Located On: Ford & Harrison LLP

Most Popular State Law Article

New Hampshire Amends Overtime Law to Encompass Many Route Sales Drivers.
On July 9, 2008, New Hampshire enacted “An Act Relative to the Minimum Hourly Rate of Compensation.” This new law has significant implications for New Hampshire employers, as it broadens the scope of the state’s overtime requirement by eliminating the “motor carrier” exemption to New Hampshire’s overtime law for delivery drivers and sales merchandisers. The new law also revises the manner in which employers must calculate the overtime rate of pay for delivery drivers, sales merchandisers, and all employees paid on a salary and commission basis. The Act becomes effective on September 7, 2008.
Located On: Littler Mendelson, P.C.

Most Popular Headlines

Go Ahead, Insult the Boss (Everyone Will Be Doing It)
Journal Now - July 18, 2008