Insights

The California Supreme Court recently ruled that an employer in a sexual harassment case may limit a plaintiff’s damages if it can show that the damages could have been prevented by the plaintiff with reasonable effort...

On December 4, 2003, President Bush signed into law the Fair and Accurate Credit Transactions Act of 2003 (“FACT”) (See Congress Amends Fair Credit Reporting Act to Exclude Investigations of Employee Wrongdoing...

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...

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...

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...

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...

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...

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,...

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”),...

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...