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Insights

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...
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May 31, 2007 Wage & Hour Issues

Federal Minimum Wage to Increase to $5.85 Per Hour

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,...
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Apr 20, 2007 Wage & Hour Issues

California Supreme Court Expands Employer Liability for Missed Meal and Rest Periods

On April 16, 2007, the California Supreme Court ruled that payments mandated by California Labor Code § 226.7 for meal and rest period violations are “wages” and not “penalties.” The Court’s ruling that these...
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Mar 28, 2007 Labor Relations

Court of Appeals Affirms NLRB Ruling That Overbroad Confidentiality Requirement Is An Unfair Labor Practice

A federal appeals court, affirming a decision of the National Labor Relations Board (the “NLRB”), has ruled that a personnel handbook provision which required employees to maintain the confidentiality of all...
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Mar 26, 2007 Wage & Hour Issues

KM&M Client Prevails in Case with Important and Favorable Implications for Hospitality Industries

It is customary in the hospitality industry for banquet operators to assess a “service charge” or a “service fee” of anywhere from 15% to 25% of the cost of food and beverage. Usually, most of the fee is paid to the...
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Feb 12, 2007 General Employment Issues

Ninth Circuit Recognizes Employee Privacy Right in Workplace Computer but Rules that the Employer Validly Consented to Government Search

On January 30, 2007, the United States Court of Appeals for the Ninth Circuit ruled that while employees may have a reasonable expectation of privacy in their workplace computers, an employer retains the ultimate authority to...
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Jan 24, 2007 Damages

D.C. Court of Appeals to Review Ruling On Taxability of Emotional Distress Damages

As reported on this website, last August the U.S. Court of Appeals for the District of Columbia Circuit ruled, in Murphy et al. v. Internal Revenue Service, No. 03cv02414 (D.C. Cir. 2006), that damage awards for...
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Dec 12, 2006 Labor Relations

Second Circuit Remands Case on Preemption of New York Labor Neutrality Law

In general, matters relating to collective bargaining and labor relations are governed exclusively by federal law, the National Labor Relations Act (NLRA). As a result, state laws that venture into the area of labor relations...
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Dec 04, 2006 General Employment Issues

New Trend in Employee Benefits?: San Francisco Mandates That Employers Provide Paid Sick Leave to Employees

In the November 2006 election, San Francisco voters overwhelmingly voted for Proposition F, referred to as the “Paid Sick Leave Ordinance.” (Proposition F, San Francisco Admin. Code, Section 12W.2(d).) As...
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Nov 27, 2006 Wage & Hour Issues

DOL Says Information Technology Staff May Be Essential, but Not Necessarily Exempt From Overtime

Many employers correctly believe that their information technology (IT) support staff, who troubleshoot computer problems and keep IT systems running, perform work that is essential to the company’s business operations....
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