Class Litigation of Meal and Rest Period Claims
January 26, 2010
In <i>Brinker Restaurant Corp. v. Superior Court</i>, California's Fourth District Court of Appeal substantively altered the wage and hour landscape through its conclusion that California meal and rest period regulations only impose a passive obligation on employers to make breaks available.
Verdicts
December 18, 2009
Recent rulings of importance to you and your practice.
FMLA Amended Again
December 18, 2009
On Oct. 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84 ("NDAA for 2010"). Primarily a defense appropriations law, the NDAA contains several amendments to the family military-leave provisions of the Family and Medical Leave Act ("FMLA"). Although no specific effective date is noted in the amendments, it appears these amendments went into effect upon President Obama's signature and are the most recent in a series of changes to the FMLA.
Social Networking in the Workplace
December 18, 2009
The first part of this article addressed issues surrounding the effect of the Internet on hiring and firing in the 21st Century. The conclusion herein discusses the laws that impact social networking in the workplace, and provides guidance on developing a social networking and blogging policy.
Employee References
December 18, 2009
When asked to provide a reference for a former employee, employers may feel that they are trapped in a no-win situation. They understand that prospective employers are trying to shield themselves from negligent hiring claims by engaging in the "due diligence" of checking with former employers. However, providing details about a less-than-stellar former employee's shortcomings is rarely the best course of action.
Can Your Retirement Plan Survive an ADEA Claim?
December 18, 2009
In <i>Kentucky Retirement Systems v. EEOC</i>, 128 the Supreme Court held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.
Couple Cannot 'Contract Away' Child Support Duty
November 24, 2009
A New York appellate court has refused to enforce a separation agreement that allowed a father to terminate child-support payments to his ex-wife if their teen-aged son "engag[ed] in full-time employment."
Social Networking in the Workplace
November 24, 2009
Nineteen million Twitter users can complain about their jobs instantly by "Tweeting." A reported 33% of Americans online are on Facebook, where they can upload embarrassing or questionable digital photos. This exponential growth has significant consequences for the workplace.
The 'Revised' Employee Free Choice Act
November 24, 2009
Over the past several months, behind-the-scenes "legislative wrangling" has led to several proposed modifications to the poorly titled Employee Free Choice Act ("EFCA"), a bill currently pending in both the House and Senate. Here's what to do.
