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Insights

Dec 31, 2001 Wage & Hour Issues

Wage & Hour Update: A Resurgence in Litigation Over Employees. Exempt/Non-Exempt Status Under the FLSA

One of the more startling legal developments in the American workplace over the past year is the precipitous rise in litigation under the Fair Labor Standards Act (“FLSA”) and similar state wage laws governing...
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Dec 31, 2001 Employment Discrimination

Learning from the Mistakes of Others: Advice for Employers Gleaned from Federal Appellate Court Decisions in 2001

Mistake No. 1: Failing to retain relevant records and to provide accurate facts in the course of an administrative agency’s investigation Byrnie v. Town of Cromwell, Bd. of Educ., 243 F.3d 92 (2d Cir. 2001) Plaintiff,...
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Dec 31, 2001 Employment Discrimination

Class Action Litigation of Employment Discrimination Claims in 2001

Employers spent millions of dollars in 2001 defending class action discrimination cases, and some employers spent millions more settling such cases. What is a class action? A class action lawsuit enables one or more members...
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Dec 31, 2001 Year In Review

Familiar Topics in Unfamiliar Times: Legal Issues Faced By Employers in the Wake of the Terrorist Attacks

The events of September 11 have profoundly affected many facets of our society, including employment relationships and interactions in the workplace. Employers must now confront a number of legal issues that were always in...
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Dec 31, 2001 Year In Review

Navigating the Treacherous Waters of Corporate Reorganization

Continuing pressures on the global economy, exacerbated by the tragic events of September 11, have forced many employers to reduce expenses in an effort to enhance their prospects for long-term profitability. In some...
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Dec 31, 2001 Employment Discrimination

Changes in California Labor and Employment Law to Take Effect on January 1, 2002

During the year 2001, several pieces of significant legislation were enacted in California that effectively expand employee rights and legal protections. Recent legislation also requires California employers to post new...
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Dec 31, 2001 Employment Discrimination

New York City Enacts New Gender-Motivated Violence Act

In 2000, New York City enacted the Gender-Motivated Violence Act (“GMVA”), N.Y.C. Code § 8-101, et seq. The GMVA went into effect on December 19, 2000. While the GMVA has now been in effect for a year, it has...
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Dec 31, 2001 General Employment Issues

Staying Out of Court: Mandatory Arbitration of Employment Claims

The past year has seen significant developments in the law governing employer-created dispute resolution programs that provide for mandatory arbitration of employment-related claims, including discrimination and harassment...
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Dec 20, 2001 Employment Discrimination

California Appellate Court Disallows Faragher/Ellerth Affirmative Defense

In Burlington Industries v. Ellerth, 524 U.S. 742 (1998) and Faragher v. City of Boca Raton, 524 U.S. 775 (1998) the United States Supreme Court outlined an affirmative defense available to an employer sued for sexual...
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Nov 29, 2001 Labor Relations

Eighth Circuit Finds that News Producers and Assignment Editors Are Not Supervisors under the National Labor Relations Act

In a 2-to-1 decision of particular significance to employers in broadcast industries, the U.S. Court of Appeals for the Eighth Circuit recently ruled that television assignment editors and news producers are not supervisors...
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