Insights

Like many employers, Ralphs Grocery Company considers the profitability of the business as a factor in calculating employee bonuses. In a recent decision, a California appellate court allowed a former employee to proceed...

On December 10, 2004, the Division of Labor Standards Enforcement (“DLSE”) proposed emergency legislation to clarify existing law regarding meal and rest periods in California. This legislation is very...

On December 10, 2004, President Bush signed into law S. 2486, the Veterans Benefits Improvement Act of 2004 (the ” Act”), which amends portions of the Uniform Services Employment and Reemployment Rights Act...

Employers frequently have been able to mount a successful defense to hostile work environment sexual harassment claims by demonstrating that both male and female workers were exposed to the same conduct underlying the claim....

On October 30, 2004, President Bush signed into law legislation permitting employers to complete and store Employment Eligibility Verification Forms (“I-9 Forms”) in an electronic format. The new law, which amends...

An individual is considered to be “disabled,” and therefore protected under the Americans With Disabilities Act (the “ADA”), if he or she suffers from a physical or mental impairment that substantially...

On September 30, 2004, Governor Schwarzenegger signed into law AB1825, which amends California’s Fair Employment and Housing Act (“FEHA”) by requiring employers with 50 or more employees to provide two hours...

A recent decision of the U.S. Court of Appeals for the Second Circuit in New York highlights a disagreement among the federal appeals courts over whether plaintiffs may sue on a disparate impact theory under the Age...

KM&M attorneys have been warning our California clients since the beginning of the year about the Labor Code Private Attorneys General Act of 2004, codified at Labor Code section 2699. This legislation created hefty new...

On June 14, 2004, the U. S. Supreme Court resolved a disagreement among the lower federal courts and ruled that a constructive discharge resulting from harassment by a supervisor does not constitute a “tangible...