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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...
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...
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...
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...
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...
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...
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...
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...
Jun 01, 2007
General Employment Issues
Supreme Court Stands Firm on 180-Day Statute of Limitations for Title VII Claims
In a decision issued on May 29, 2007, the U.S. Supreme Court has ruled that Title VII’s 180-day window for filing employment discrimination complaints bars claims that are based on the lingering effects of discriminatory...
On July 24, 2007 the federal minimum wage will increase from $5.15 to $5.85 per hour, the first increase since 1997. The “Fair Minimum Wage Act of 2007” provides for a three-step increase in the minimum wage,...