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July 16, 2010
“Dozens of Plaintiffs
for Every Position” – Reeves v. MV Transportation, Inc.
Reemphasizes the Importance of Retaining Hiring-Related Documents. |
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June 17, 2010
An Employee Who Sues To
Recover Unpaid Minimum Wages, Sues To Enforce The Applicable Wage Order. |
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May 20,
2010
Sufficient
Evidence Allows Terminated Employee To Proceed To Trial On Claims That
Employer Terminated Employee For Exercising Her Right To Take FMLA
Leave. |
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May 10, 2010
New
California Supreme Court Case Expands Judicial Review of Employment
Arbitration Decisions. |
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April 21, 2010
New Jersey
Supreme Court Holds That Employer Unlawfully Reviewed Ex-Employee’s
Emails To Her Lawyer Written On Company Computer Even Though Company Had
Strong Written Policy On Employee Computer Use. |
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April 8, 2010
The Limits
of Megan’s Law: When May Employers Rely on the Megan’s Law Website in
Making Employment Decisions? |
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March 25, 2010
Employer
Not Liable for Discrimination Where Legitimate Reason for Termination Is
Present, and Standing Alone, Would Induce Employer to Take the Action |
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March 11,
2010
The Ninth Circuit
Revises Earlier Opinion Regarding When Commute Time is Compensable Under
California Law |
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January
28, 2010
Another Court Decision
Shows The Importance Of Documenting Employee Performance |
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January 8, 2010
2010 Employment Law
Update for California Private Sector Employers |
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December 18, 2009
Clearing the Haze: Must Employers Tolerate
the Use of Medical Marijuana by Their Employees? |
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November 13,
2009
President Obama Signs
Legislation Amending FMLA to Expand Military Families' Leave Rights |
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October 29,
2009
Supermarket Employee's
Disability Adequately Accommodated--Except For One Night-And Wins
$200,000 In Damages |
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October 16, 2009
Caution: Your Physical Ability Test May Be
Considered a “Medical Examination” Under the Americans with Disabilities
Act. |
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September 24, 2009
The Ninth
Circuit Clarifies When Commuting and Off-the-Clock Work Are Compensable. |
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September
10, 2009
Are
Non-Solicitation Agreements Enforceable?...Only Where Trade Secrets Are
Directly. |
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August
31, 2009
Court Of
Appeal Upholds Decision of Fair Employment & Housing Commission:
Employer Is Liable for Terminating Employee Because of Pregnancy. |
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August 17, 2009
Caught in the Act? – The
California Supreme Court Rules on an Employee’s Expectation of Privacy
in the Workplace Where Covert Video Surveillance is Used. |
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July 31, 2009
California Supreme Court Holds That “Representative Actions” Are Not
Always Class Actions. |
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July 16,
2009
An Employer’s
Discrimination “Catch-22” – the U.S. Supreme Court Rules on Whether
Disparate Impact Can Offset Disparate Treatment Under Title VII. |
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June 25,
2009
The U.S. Supreme Court
Raises The Bar Against Federal Age Discrimination Claims. |
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June 11, 2009
The
“TIP POOL” Just Got Larger. |
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May 27, 2009
Recent Court Decision Clarifies an
Employer’s Duty to Engage in the Interactive Process and Provide a
Reasonable Accommodation to a Disabled Employee. |
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May 8, 2009
No Expectation of
Privacy for Comments Posted on Social Networking Websites Accessible to
the Public. |
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April 17,
2009
The U.S. Supreme Court
Enforces a Collectively-Bargained Clause Requiring Arbitration of
Employees’ Workplace Discrimination Claims. |
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March 30, 2009
Mandatory "Tip Pooling"
Upheld. |
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March 13, 2009
Court of Appeal Rules
that an Employer Can Enter Into an Out-of-Court Settlement Agreement
with an Employee Regarding a Good Faith Wage & Hour Dispute |
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March 2, 2009
The Federal Stimulus Package Incorporates
New Temporary Revisions to COBRA/Cal-COBRA, Including a Federal Subsidy
for Qualified Individuals. |
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February 12,
2009
The Ledbetter Fair Pay
Act Allows More Time For Employees To File Their Federal Discrimination
Claims |
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January 29, 2009
Ensuring
Compliance with Federal and State Law When Implementing Layoffs |
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January 16,
2009
An Employer Wins a
Disability Discrimination Case; Court Rules That County Did Provide
Timely Reasonable Accommodation to Employee |
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December 18, 2008
2009
Employment Law Update for California Private Sector Employers |
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December 9, 2008
DOL Issues New Final FMLA Regulations
Addressing a Number of Topics, Including the New Military-Related
Leaves, Notice Requirements, Intermittent Leave, and Medical
Certification Procedures. |
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November 13,
2008
The
Proposed “Employee Free Choice Act” to Modify the National Labor
Relations Act (NLRA) May Become Law in the Near Future |
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November 3,
2008
Employee's Use of
Employer's Internal Discrimination Complaint Procedure Allows Employee
More Time to File DFEH Complaint Later
|
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October
21, 2008
Effectiveness of At-Will
Employment Agreement Analyzed by a California Court of Appeal
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October 3, 2008
It’s Lawsuit Time; Do
You Know What Your Supervisors Are Doing?
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September 18, 2008
Court of
Appeal Highlights Need to Exhaust All Possible Avenues of Reasonable
Accommodation During The Interactive Process of Reviewing an Employee’s
Disability
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September
8, 2008
An
Employee’s Medical Note Indicating Hospitalization May Invoke Legal
Protection Under CFRA to a Company’s Excessive Absence Policy
|
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August
21, 2008
California Supreme Court
Re-Affirms that Covenants Not to Compete Are Generally Unlawful in
California
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August 7, 2008
Court Says Employers
Must "Provide" Meal Periods and Breaks,
But Need Not "Ensure"
Employees Take Them
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July
26,
2008
California Court of
Appeal Rules Agreement to Seek Reimbursement of Training Costs Valid,
But Deduction From Wages to Recover Costs is Unlawful
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July 11,
2008
Employers Need to be
Careful Not to Assume an Employee is Undocumented in Addressing SSA “No
Match” Letters
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June 26, 2008
Mid-Year Employment Law
Update and U.S. Supreme Court Rules on Application of Age Discrimination
Laws
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June 17, 2008
“Kin Care” Law Applies
to Sick Leave Policies Having Indefinite Number of Sick Days and Not
Just to Traditional, Accrual-Based Policies
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May 29, 2008
Employment Law
Ramifications of California Supreme Court Same Sex Marriage Decision
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May 15, 2008
“Same Actor” Evidence of
a Supervisor’s History of Beneficial Treatment to Employee Later
Terminated By Supervisor Not Given Special Consideration By the Court
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May 1,
2008
Creating an “Enforceable” Employment
Arbitration Agreement Under California Law Is Becoming More of a
Challenge
44 KB |
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April 17, 2008
Ross v. Ragingwire Revisited:
California Supreme Court Holds That Employers Need Not Accommodate An
Employee’s Medicinal Marijuana Use
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April 1, 2008
FEHA Disability Provisions Violated Solely
by Employer’s
Failure to Engage in Interactive Process
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March 13, 2008
California Supreme Court
Finds No Individual Liability for Retaliation Under the Fair Employment
and Housing Act (FEHA)
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February 28,
2008
Waiver in
Severance Agreement Held Ineffective to Release Claim of Discrimination
by Military Member Returning to Civilian Job.
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February 7,
2008
New Federal Law Expands
FMLA To Create New Leave Entitlements For Employees Who Have A Family
Member Called To Active Duty Or Injured While In Military Service.
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January 24, 2008
Suit Retaliation. |
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January 10, 2008
California Law
Also Prohibits Sexual Harassment In Business Relationships. |
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December 27, 2007
Company's Internal Communications Are Privileged if Reasonably Necessary
To Further the Purpose of a Legal Consultation. |
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December 13, 2007
2008 Employment Law Update for California Private Sector Employers. |
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November
29, 2007
Employer's Paid
Disability Leave Policy and Practices Did Not Violate the Overtime
Exemption “Salary Basis” Test. |
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November
15, 2007
The California Supreme Court Cautiously Approves “Lump Sum” Expense
Reimbursement Method Under Labor Code Section 2802. |
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November
1, 2007
New Military Spouse Leave for Employers with 25 or More Employees (AB
392) |
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October 4, 2007
Employee's Prescribed use of Marijuana: California Supreme Court's
Pending Decision Could Bring Guidance But Employers Can Take Steps to
Protect Themselves |
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September 2007
California
Courts Rule on Statute of Limitations for Vacation Pay Claims and Use of
Vacation Time to Cover Partial Day Absences of Exempt Employees. |
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August 2007
Independent Contractor or Employee? The Wrong
Classification Can be a Costly One... |
The Personnel File are published periodically for the benefit of the clients of
Liebert Cassidy Whitmore. The information in The Personnel File should
not be acted on without professional advice.
 |
