Skip to main content
On November 4, 2003, San Francisco voters approved Proposition L, a minimum wage ordinance that requires virtually all employers to pay at least $8.50 per hour for work performed within the geographic boundaries of the...
Nov 04, 2003
Employment Discrimination
Federal Court in New York Emphasizes Importance of Non-Discrimination Policies and Training in Denying Employer’s Motion for Summary Judgment
A U.S. District Judge in New York relied heavily on an employer’s failure to distribute a non-discrimination policy to its employees and to train its employees concerning diversity issues in denying the employer’s...
Oct 20, 2003
Wage & Hour Issues
New California Legislation Increases Penalties for Labor Code Violations and Steps Up Enforcement with Private Lawsuits
In one of his last acts before leaving office, Governor Gray Davis has signed into law the “Labor Code Private Attorneys General Act of 2004.” The law, which takes effect on January 1, 2004, allows employees to...
Oct 11, 2003
Labor Relations
NLRB Reiterates that an Employer’s Implementation of Proposal to Apply “Marketplace Pay” is Unlawful
It is well settled under the National Labor Relations Act (the “NLRA”) that, after bargaining to a good faith impasse with the union that represents its employees, an employer has the right to unilaterally...
Oct 11, 2003
Labor Relations
NLRB Limits Employer Right to Discipline for Violation of No-Solicitation Rule
In an effort to strike a balance between the right of employers to control the workplace and the right of employees under the National Labor Relations Act (the “NLRA”) to engage in union organizational activity,...
Sep 12, 2003
Employment Discrimination
The Status of the “Interactive Process” as a Mandatory Legal Obligation for Employers in New York
In Reeves & Durham, “Can We Talk? Reasonable Accommodation and the Interactive Process in the West: Spring 2003,” NYSBA Labor and Employment Law Section, Fall Meeting 2003 (“Reeves & Durham”),...
Sep 08, 2003
Labor Relations
NLRB Sustains Employer’s Pre-Election Solicitation of Grievances Consistent With Prior Practice
During the period prior to a representation election conducted by the National Labor Relations Board (the “NLRB”) to determine whether a group of employees desire union representation, the National Labor Relations...
Aug 10, 2003
General Employment Issues
New York Employers Cannot Rely on “Inevitable Disclosure” Doctrine To Protect Confidential Information
A New York appellate court recently ruled that an employer could not rely on the doctrine of “inevitable disclosure” in support of its application for a preliminary injunction barring a former employee from...
Aug 04, 2003
Employment Discrimination
Federal Court Orders Trial on Validity of Depressed Employee’s Release of Claims
Employers who offer a terminated employee severance pay or other separation benefits typically condition those benefits on the employee’s execution of a general release, waiving all legal claims arising out of his/her...
Jul 30, 2003
Employment Discrimination
Second Circuit Rules that Defense of Discrimination Suit Constitutes Protected Activity Under Title VII
Title VII of the Civil Rights Act of 1964 includes a provision prohibiting an employer from retaliating against an individual who “has opposed any practice made an unlawful employment practice by this subchapter, or...