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Insights

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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Aug 18, 2006 Labor Relations

Employees’ Distribution of Maliciously False Letter Found Unprotected by the NLRA

Section 7 of the National Labor Relations Act (the “NLRA”) guarantees the right of employees to engage in “concerted activities for the purpose of bargaining or other mutual aid or protection.” 29 U.S.C. § 157....
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Jul 30, 2006 Labor Relations

What Union-Free Employers Need to Know About the National Labor Relations Act

Most employers are aware that the National Labor Relations Act (“NLRA”) protects the right of employees to form, join, or support labor unions. But unbeknownst to many employers, the NLRA protects not only...
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Jun 24, 2006 Employment Discrimination

OWBPA Waivers May Not Require Nationwide Data

The Age Discrimination in Employment Act (the “ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”), provides that an individual’s waiver of potential age-discrimination claims is enforceable...
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Jun 23, 2006 Employment Discrimination

Supreme Court Broadens Protections Against Retaliation

On June 22, 2006, the U.S. Supreme Court issued an important decision that substantially enhances the legal protection for employees who complain about discrimination or harassment in the workplace.  Burlington Northern...
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Jun 22, 2006 Immigration Law

Homeland Security Department Revises I-9 Recordkeeping Requirements

Section 274A of the Immigration and Nationality Control Act requires all employers, as well as those who recruit or refer employees for a fee, to complete an Employment Eligibility Verification form (Form I-9) for all...
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