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Insights

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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Nov 08, 2004 Employment Discrimination

Second Circuit Eases Burden For Proving Hostile Work Environment Claim

Employers frequently have been able to mount a successful defense to hostile work environment sexual harassment claims by demonstrating that both male and female workers were exposed to the same conduct underlying the claim....
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Nov 05, 2004 Immigration Law

New Legislation Permits Employers to Prepare and Retain I-9 Forms Electronically

On October 30, 2004, President Bush signed into law legislation permitting employers to complete and store Employment Eligibility Verification Forms (“I-9 Forms”) in an electronic format. The new law, which amends...
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Oct 26, 2004 Employment Discrimination

Second Circuit Limits Scope of Disability in “Interacting with Others”

An individual is considered to be “disabled,” and therefore protected under the Americans With Disabilities Act (the “ADA”), if he or she suffers from a physical or mental impairment that substantially...
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