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On November 10, 2005, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”), a federal agency which is part of the U.S. Department of Labor’s Employment Standards Administration, has issued...
Jan 18, 2006
Labor Relations
Discharge of Financial Consultant In Retaliation For Concerted Protest Of Compensation Practices Violates NLRA
The U.S. Court of Appeals for the District of Columbia Circuit recently upheld a decision of the National Labor Relations Board (“NLRB”) finding that a union-free investment advisory firm violated the National Labor...
Dec 07, 2005
Wage & Hour Issues
New York Minimum Wage to Increase
Effective January 1, 2006, the New York State minimum wage will increase from $6.00 per hour to $6.75 per hour. It will increase again to $7.15 per hour as of January 1, 2007. Any increase in the federal minimum wage above...
Relatively few pieces of employment legislation were signed into law this year by California Governor Arnold Schwarzenegger. Instead, much political attention was focused on eight initiatives placed on the ballot for the...
Under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (the “FLSA”), employers must compensate employees for activities performed during the workday. On November 8, 2005, the U.S. Supreme Court issued...
Employers who are federal contractors and subcontractors are required to take affirmative action to ensure equal employment opportunity in their employment processes. As part of that process, government contractors are...
Sep 01, 2005
Wage & Hour Issues
California Supreme Court Rules That Corporate Officers and Directors Cannot Be Personally Liable For Wage Claims Under State Law
On August 11, 2005, the California Supreme Court ruled that corporate directors and officers cannot be held personally liable for a company’s failure to pay wages owed to its employees. Reynolds v. Bement, 36 Cal. 4th 1075...
Aug 31, 2005
Employment Discrimination
Refusal To Terminate An Employee Based On Her Looks Supports Retaliation Claim Under California Law
On August 11, 2005, the California Supreme Court ruled that an employee could state a claim for retaliation under the Fair Employment Housing Act (“FEHA”) based on the employee’s refusal to comply with a supervisor’s...
Jul 25, 2005
Employment Discrimination
California Supreme Court Rules that Sexual Favoritism Can Constitute A Hostile Work Environment
On July 18, 2005, the California Supreme Court ruled unanimously that supervisors’ sexual relationships with subordinates may create a hostile work environment for co-workers, even if those co-workers were not directly...
On May 17, 2005 Senior Judge Neal P. McCurn of the federal District Court for the Northern District of New York ruled that a September 2002 amendment to Section 211-a of New York’s Labor Law was preempted by Section 7...