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Employment Law Blog

Category: Week in Review

Friday, October 27, 2006

Week In Review (October 27, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8339”>Immigration—What is an employer to do? (pdf).</A>
This article relates to immigration issues which have been dominating the news both locally and nationally.
Located On: Vedder Price

Most Popular State Law Article

<a >Texas Supreme Court Enforces Covenant Not to Compete (pdf).</A>
Texas Supreme Court Enforces Covenant Not to Compete.
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]Work clothes send signals[/url]
Baltimore Sun - October 25, 2006

 

Posted by Patrick Della Valle on 10/27 at 09:55 AM
Week in Review
Friday, October 20, 2006

Week In Review (October 20, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8275”>How to Deal With Identity Theft: A Creeping Threat to Employers.</A>
It is no longer just a problem for financial institutions, credit entities and other companies whose business it is to store personal data about thousands or millions of people; employers, too, now face the risk of liability when the personal data of their employees falls into the wrong hands.
Located On: Nexsen Pruet

Most Popular State Law Article

<a >New legislation in New York state requires certain employers to address and prevent workplace violence.</A>
In light of recent concerns about escalating violence in the workplace, New York joins states requiring some employers to assess their workplaces and take steps to prevent violence from occurring.
Located On: Nixon Peabody LLP.

Most Popular Headlines

<a TARGET=“_blank”]Parental intrusion in the workplace[/url]
Kansas City Star - October 17, 2006

 

Posted by Patrick Della Valle on 10/20 at 10:09 AM
Week in Review
Friday, October 13, 2006

Week In Review (October 13, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8196”>New IRS Independent Contractor Test.</A>
Historically, the IRS used what has become known as the “Twenty Factor” test to determine whether a worker is an independent contractor or an employee. In January, 2006, in response to comments by Congress and representatives of labor and business, the IRS attempted to simplify and refine the test. The revised test is founding the 2006 Edition of IRS Publication 15-A. It consolidated the 20 factors into 11 main tests, and organized them into three main groups: behavioral control; financial control; and the type of relationship between the two parties.
Located On: Pepper Hamilton LLP

Most Popular State Law Article

<a >Amendments to Fair Employment and Wage Payment Laws Provide Common Sense Guidance for Employers.</A>
Amendments to the California Fair Employment and Housing Act have made certain requirements regarding the mandatory harassment prevention training and the payment of overtime wages more “employer friendly.” On September 29, 2006, Governor Schwarzenegger signed into law Assembly Bill 2095, which clarifies California’s existing harassment training requirements so they apply only to those supervisors in California. The law also eliminates confusion regarding the timing for payment of overtime wages by allowing both the overtime pay and a corrected itemization of overtime pay to appear on the pay stub issued for the next regular pay period.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]Limits to at-will employment[/url]
Monterey Herald - October 06, 2006

 

Posted by Patrick Della Valle on 10/13 at 10:19 AM
Week in Review
Friday, September 29, 2006

Week In Review (September 29, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8088”>The Fourth Circuit Decision in Howard v. Winter Should Serve as a Warning to Take All Complaints of Harassment Seriously.</A>
“Be quick in action, but cautious in speech,” says the Chinese proverb. Nothing could be truer for a prudent human resources professional or supervisor. Indeed, the Fourth Circuit’s recent decision in Howard v. Winter, 446 F.3d 559 (May 4, 2006), should serve as a cautionary tale of what is to be expected when one fails to be quick in action in responding to a complaint about harassment, and worse, incautious in speaking with the employee who is complaining.
Located On: Helms Mulliss & Wicker

Most Popular State Law Article

<a >Arrest and Conviction Records: So Why Aren’t the Felons Jellin?</A>
Recently, there has been significant media attention with regard to prior arrest and conviction records for public employees. For example, in the Village of Greendale, Wisconsin, a candidate was approved by the Police & Fire Commission to be on the eligibility list as a patrol officer. While the Village Fire & Police Commission later removed the candidate from the eligibility list, the case generated significant controversy.
Located On: Michael Best & Friedrich LLP

Most Popular Headlines

<a TARGET=“_blank”]EEOC sues Land O’Lakes for severance language[/url]
Twin Cities Pioneer Press - September 26, 2006

Posted by Patrick Della Valle on 09/29 at 09:23 AM
Week in Review
Friday, September 22, 2006

Week In Review (September 22, 2006)

This week’s most popular articles:

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8042”>General Statement to Human Resources May Put Employer On Notice of Sexual Harassment By Co-Worker (pdf).</A>
Conversation put employer on notice.
Located On: Nexsen Pruet

Most Popular State Law Article

<a >California Adopts Highest Minimum Wage.</A>
California Governor Arnold Schwarzenegger has signed into law a $1.25 increase in the state minimum wage. The increase will take place in two parts. The first increase will raise the minimum wage from the current $6.75 per hour to $7.50 on January 1, 2007. The second increase of $0.50 will raise the minimum wage to $8.00 per hour on January 1, 2008. It is estimated that these increases will directly affect approximately 1.4 million California workers. The $8.00 per hour minimum wage as of January 2008 will, along with Massachusetts, be the highest in the country.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]Workplace theft: Where do employees get these ideas?[/url]
USA Today - September 20, 2006

 

Posted by Patrick Della Valle on 09/22 at 08:20 AM
Week in Review
Friday, September 15, 2006

Week In Review (September 15, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7973”>United States Supreme Court Delivers Double-Whammy for Employers: Retaliation and Discrimination Just Got Easier To Prove (pdf).</A>
Retaliation and Discrimination Just Got Easier To Prove.
Located On: Jones Walker

Most Popular State Law Article

<a >Employee handbook does not constitute an employment contract</A>
Court finds disciplinary procedures did not alter employee’s at will employment status.
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]10 crimes of work fashion[/url]
CNN - September 11, 2006

 

Posted by Patrick Della Valle on 09/15 at 09:53 AM
Week in Review
Friday, August 18, 2006

Week In Review - August 18

Congratulations to Jones Walker and Jackson Lewis for this week’s most popular articles!

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7713”>New administrative exemption - what’s in and what’s out</A>
Nearly two years have passed since the DOL revised the regulations interpreting the “white-collar” exemptions from the overtime provisions of the Fair Labor Standards Act (FLSA). The regulations primarily focused on administrative, executive, and professional employees. Based on the revised regulations, many companies tweaked their exempt classifications.
Located On: Jones Walker

Most Popular State Law Article

<a >Washington High Court Redefines “Disability” in Accord with Federal ADA.</A>
The Washington Supreme Court has dramatically changed the landscape for employers faced with disability discrimination claims under state law. On July 6, 2006, the court issued its opinion in McClarty v. Totem Electric International and re-defined what constitutes a “disability” under the Washington Law Against Discrimination.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]Discrimination at work growing subtle[/url]
Star News Online - August 14, 2006

 

Posted by Patrick Della Valle on 08/18 at 09:51 AM
Week in Review
Friday, August 11, 2006

Week In Review - August 11

Congratulations to Nexsen Pruet and Sedgwick for this week’s most popular articles!

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7659”>U.S. Supreme Court Expands Anti-Retaliation Provision of Title VII (pdf).</A>
Employers have long understood that title VII prohibits retaliation against an employee.
Located On: Nexsen Pruet

Most Popular State Law Article

<a >California Supreme Court Resolves Prop. 64 Quandaries.</A>
Companion decisions begin to answer some of the many questions raised by Proposition 64.
Located On: Sedgwick, Detert, Moran & Arnold LLP

Most Popular Headlines

<a TARGET=“_blank”]Toyota’s sex-harassment lawsuit could set standard[/url]
USA Today - August 08, 2006

 

Posted by Patrick Della Valle on 08/11 at 09:39 AM
Week in Review
Friday, August 04, 2006

Week In Review (August 4, 2006)

Congratulations to Fisher & Phillips and Proskauer for the most popular articles this week.

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7595”>Top Five Employer Mistakes Under the FLSA.</A>
Ever since the Fair Labor Standards Act’s revised regulations became effective August 23, 2004, overtime has become a hot-button topic for employers and employees alike. Worse, it has also become a prime target area for plaintiffs’ attorneys, since—even with the revisions—the FLSA is an extraordinarily difficult statute to comprehend and comply with.
Located On: Fisher & Phillips, LLP

Most Popular State Law Article

<a >Company’s Out-of-State Employees May Have Violated California Privacy Law With Surreptitious Taping (pdf).</A>
In this proceeding, several California clients of SSB filed a putative class action seeking damages and injunctive relief against SSB’s Atlanta-based branch’s practice of recording telephone conversations with California residents without their knowledge or consent.
Located On: Proskauer Rose LLP

Most Popular Headline

<a TARGET=“_blank”]An Owner’s Guide To Dicey Workplace Complaints[/url]
Forbes - August 01, 2006

Posted by Patrick Della Valle on 08/04 at 07:46 AM
Week in Review
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