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Insights

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...
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Jul 16, 2007 General Employment Issues

Federal Appeals Court Bars Waiver of FMLA Rights

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...
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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...
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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...
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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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