Under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (the “FLSA”), employers must compensate employees for activities performed during the workday. On November 8, 2005, the U.S. Supreme Court issued...
Employers who are federal contractors and subcontractors are required to take affirmative action to ensure equal employment opportunity in their employment processes. As part of that process, government contractors are...
Sep 01, 2005
Wage & Hour Issues
California Supreme Court Rules That Corporate Officers and Directors Cannot Be Personally Liable For Wage Claims Under State Law
On August 11, 2005, the California Supreme Court ruled that corporate directors and officers cannot be held personally liable for a company’s failure to pay wages owed to its employees. Reynolds v. Bement, 36 Cal. 4th 1075...
Aug 31, 2005
Employment Discrimination
Refusal To Terminate An Employee Based On Her Looks Supports Retaliation Claim Under California Law
On August 11, 2005, the California Supreme Court ruled that an employee could state a claim for retaliation under the Fair Employment Housing Act (“FEHA”) based on the employee’s refusal to comply with a supervisor’s...
Jul 25, 2005
Employment Discrimination
California Supreme Court Rules that Sexual Favoritism Can Constitute A Hostile Work Environment
On July 18, 2005, the California Supreme Court ruled unanimously that supervisors’ sexual relationships with subordinates may create a hostile work environment for co-workers, even if those co-workers were not directly...
On May 17, 2005 Senior Judge Neal P. McCurn of the federal District Court for the Northern District of New York ruled that a September 2002 amendment to Section 211-a of New York’s Labor Law was preempted by Section 7...
Apr 05, 2005
Employment Discrimination
Supreme Court Rules That Disparate Impact Claims May Be Brought Under the Age Discrimination in Employment Act
On March 31, 2005, the U.S. Supreme Court ruled that an individual protected by the Age Discrimination in Employment Act (“ADEA”) (i.e., an employee, former employee, or job applicant who is age forty or older)...
Mar 11, 2005
General Employment Issues
United States Department of Labor Releases New Mandatory Poster Concerning Reinstatement of Military Service Members
On March 10, 2005, the Veterans Employment and Training Service (VETS), a division of the United States Department of Labor, released a new poster that must be displayed conspicuously in the workplace by every U.S. employer...
Feb 22, 2005
General Employment Issues
FTC Issues Revised Summary of Rights Under the Fair Credit Reporting Act and New Rule on Disposal of Consumer Information
The Fair Credit Reporting Act (“FCRA”), among other things, requires employers to obtain written authorization and disclose certain information whenever the employer uses an outside agency to conduct background...
Feb 08, 2005
Employment Discrimination
Ninth Circuit Holds that Casino’s Rule Requiring Female Bartender to Wear Full Makeup Is Not Sex Discrimination
The U.S. Court of Appeals for the Ninth Circuit recently decided that a good-grooming rule issued by Harrah’s Casino to its employees, which requires female bartenders to wear makeup, does not violate Title VII’s...