The Age Discrimination in Employment Act (the “ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), provides that an individual’s waiver of potential age-discrimination claims is enforceable...
On June 22, 2006, the U.S. Supreme Court issued an important decision that substantially enhances the legal protection for employees who complain about discrimination or harassment in the workplace. Burlington Northern...
Section 274A of the Immigration and Nationality Control Act requires all employers, as well as those who recruit or refer employees for a fee, to complete an Employment Eligibility Verification form (Form I-9) for all...
May 01, 2006
Employment Discrimination
California Supreme Court Rejects Friends Sexual Harassment Claim
The Supreme Court’s Decision On April 20, 2006, the California Supreme Court issued its long-anticipated ruling in Lyle v. Warner Bros., known as “the Friends case.” In a unanimous decision, the high court found...
Apr 17, 2006
Employment Discrimination
District Court Limits Scope of Title VII Transsexual Sex Discrimination Claims
On March 31, 2006, the United States District Court for the District of Columbia issued a decision making it more difficult for transsexuals to pursue sex discrimination claims under Title VII of the Civil Rights Act of 1964...
Feb 28, 2006
General Employment Issues
Federal Court Declines To Recognize A Privilege For Non-Disclosure Of Settlement Discussions In Subsequent, Collateral Litigation
In a result that was surprising to many lawyers, the U.S. Court of Appeals for the District of Columbia Circuit, which is often regarded as the second most important court in the land, ruled that there is no privilege from...
On November 10, 2005, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”), a federal agency which is part of the U.S. Department of Labor’s Employment Standards Administration, has issued...
Jan 18, 2006
Labor Relations
Discharge of Financial Consultant In Retaliation For Concerted Protest Of Compensation Practices Violates NLRA
The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a decision of the National Labor Relations Board (“NLRB”) finding that a union-free investment advisory firm violated the National Labor...
Dec 07, 2005
Wage & Hour Issues
New York Minimum Wage to Increase
Effective January 1, 2006, the New York State minimum wage will increase from $6.00 per hour to $6.75 per hour. It will increase again to $7.15 per hour as of January 1, 2007. Any increase in the federal minimum wage above...
Relatively few pieces of employment legislation were signed into law this year by California Governor Arnold Schwarzenegger. Instead, much political attention was focused on eight initiatives placed on the ballot for the...