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Insights

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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Nov 01, 2006 General Employment Issues

In Many States Employers Must Give Their Employees Time Off to Vote in the Upcoming Election

Many states require employers to allow employees time off, sometimes including paid time off, to vote in elections. These laws vary widely, and it is important that you know your obligations in each state within which you...
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Oct 02, 2006 Employment Termination

California Supreme Court Affirms That “At-Will Employment” Means Terminable “Without Cause”

A recent decision by the Supreme Court of California affirmed that an offer of employment described as “employment-at-will” was unambiguous, and left the employer free to terminate the employment relationship at...
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Aug 25, 2006 Damages

Appellate Court Rules That Damages for Emotional Distress Are Not Taxable

The U.S. Court of Appeals for the District of Columbia Circuit ruled on August 22, 2006 that damage awards for non-physical injury, such as emotional distress and harm to reputation, are not subject to federal income taxes....
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Aug 21, 2006 General Employment Issues

Successor Liability Under The Family And Medical Leave Act

The Family and Medical Leave Act (the “FMLA”), 29 U.S.C. §§ 2601 et seq., provides that “eligible employees” are entitled to a total of twelve workweeks of leave per year to care for a newborn or newly-adopted...
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