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Insights

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...
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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...
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May 23, 2005 Labor Relations

Judge Rules New York Labor Neutrality Law Preempted by NLRA

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...
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Apr 05, 2005 Employment Discrimination

Supreme Court Rules That Disparate Impact Claims May Be Brought Under the Age Discrimination in Employment Act

On March 31, 2005, the U.S. Supreme Court ruled that an individual protected by the Age Discrimination in Employment Act (“ADEA”) (i.e., an employee, former employee, or job applicant who is age forty or older)...
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Mar 11, 2005 General Employment Issues

United States Department of Labor Releases New Mandatory Poster Concerning Reinstatement of Military Service Members

On March 10, 2005, the Veterans Employment and Training Service (VETS), a division of the United States Department of Labor, released a new poster that must be displayed conspicuously in the workplace by every U.S. employer...
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Feb 22, 2005 General Employment Issues

FTC Issues Revised Summary of Rights Under the Fair Credit Reporting Act and New Rule on Disposal of Consumer Information

The Fair Credit Reporting Act (“FCRA”), among other things, requires employers to obtain written authorization and disclose certain information whenever the employer uses an outside agency to conduct background...
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Feb 08, 2005 Employment Discrimination

Ninth Circuit Holds that Casino’s Rule Requiring Female Bartender to Wear Full Makeup Is Not Sex Discrimination

The U.S. Court of Appeals for the Ninth Circuit recently decided that a good-grooming rule issued by Harrah’s Casino to its employees, which requires female bartenders to wear makeup, does not violate Title VII’s...
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Jan 02, 2005 Wage & Hour Issues

California Court Permits Class Action against Employer that Considers Workers’ Compensation Expenses and Cash and Inventory Shortages in Calculating Bonuses

Like many employers, Ralphs Grocery Company considers the profitability of the business as a factor in calculating employee bonuses. In a recent decision, a California appellate court allowed a former employee to proceed...
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Dec 22, 2004 General Employment Issues

California’s Division of Labor Standards and Enforcement Proposes Regulations Regarding Meal Periods In the Workplace

On December 10, 2004, the Division of Labor Standards Enforcement (“DLSE”) proposed emergency legislation to clarify existing law regarding meal and rest periods in California. This legislation is very...
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Dec 14, 2004 General Employment Issues

Veterans Benefits Improvement Act of 2004 Calls For New Posting Requirement, Option for Extended Insurance Benefits

On December 10, 2004, President Bush signed into law S. 2486, the Veterans Benefits Improvement Act of 2004 (the ” Act”), which amends portions of the Uniform Services Employment and Reemployment Rights Act...
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