Insights

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...

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...

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...

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...

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,...

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...

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...

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...