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Insights

Jan 17, 2008 General Employment Issues

Effective January 1, 2008, California Employers Are Required To Provide Notice Of The Income Tax Credit Notification

Effective January 1, 2008, Assembly Bill 650 requires California employers to provide written notice to their employees of their possible right to an Earned Income Tax Credit (EITC).  This requirement applies to all...
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Jan 06, 2008 Labor Relations

NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail

In a long-awaited decision, the National Labor Relations Board (the “NLRB”) has ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...
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Jan 03, 2008 Wage & Hour Issues

California Minimum Wage Increases in 2008

Effective January 1, 2008, the minimum wage in California increased to $8.00 per hour. However, a higher minimum wage of $9.36 per hour applies to employees working in San Francisco. Posters advising employees of the new...
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Oct 18, 2007 General Employment Issues

California Statute Gives Qualified Military Spouses 10 Days of Unpaid Leave – Effective Immediately

While existing California law provides certain benefits for “qualifying members” of the U.S. Armed Forces, National Guard, and Reserves, those rights have been extended through Section 395.10 of the Military and...
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Oct 18, 2007 Immigration Law

New Procedures for Employers Who Receive a No-Match Letter Are on Hold

On October 10, 2007, U.S. District Judge Charles R. Breyer issued a preliminary injunction barring the Department of Homeland Security from enforcing new regulations that created significant obligations for employers to...
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Oct 05, 2007 Labor Relations

NLRB Continues Its Clear and Unmistakable Waiver Standard for Duty to Bargain Cases

In a recent decision, the National Labor Relations Board (“NLRB”), rejecting the contrary position of two federal appeals courts, has adhered to its longstanding rule that a unionized employer may implement new work...
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Aug 24, 2007 Employment Discrimination

California Fair Employment and Housing Commission Issues Regulations on Mandatory Sexual Harassment Training

Under legislation adopted in 2004 (AB 1825), California employers with 50 or more employees are required to provide two hours of sexual harassment training to all supervisors at least once every two...
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Jul 16, 2007 General Employment Issues

Federal Appeals Court Bars Waiver of FMLA Rights

On July 3, 2007, the U.S. Court of Appeals for the Fourth Circuit ruled that a Department of Labor (“DOL”) regulation implementing the Family and Medical Leave Act of 1993 (“FMLA”) prohibits both the prospective and...
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Jul 07, 2007 Employment Discrimination

Second Circuit Concludes That At-Will Employees Can Sue for Race Discrimination Under 42 U.S.C. Section 1981

The U.S. Court of Appeals for the Second Circuit in New York has recently concluded that at-will employees can sue for racially discriminatory discharge under 42 U.S.C. § 1981. Lauture v. Int’l. Business Machines...
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Jul 06, 2007 Damages

Update: Court of Appeals for the District of Columbia Circuit Reverses Ruling On Taxability of Emotional Distress Damages

On July 3, 2007, the U.S. Court of Appeals for the District of Columbia Circuit, reversing its prior ruling, confirmed that damage awards for non-physical injury, such as emotional distress and injury to professional...
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