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Effective January 1, 2000, California has restored its daily overtime requirements to their pre-1998 status. Prior to 1998, California law required employers in most industries were required to pay employees at a rate of time...
Jun 28, 1999
Employment Discrimination
Whether an Individual is “Disabled” Under the ADA is to be Determined With Reference to the Severity of the Individual’s Impairment in its Mitigated State, According to Supreme Court
In a pair of decisions announced on June 22, 1999, the U.S. Supreme Court ruled that, in determining whether an individual is “disabled” under the Americans With Disabilities Act (the “ADA”), the...
Jun 28, 1999
Damages
Supreme Court Clarifies Standard for Obtaining Punitive Damages Under Title VII
By decision dated June 22, 1999, the U.S. Supreme Court has clarified the legal standard a plaintiff must meet to be eligible for an award of punitive damages in a Title VII discrimination case. Kolstad v. American Dental...
Jun 24, 1999
Employment Discrimination
EEOC Issues Guidance on Vicarious Liability for Unlawful Harassment by Supervisors
On June 18, 1999, the Equal Employment Opportunity Commission (“EEOC”) issued guidance setting forth standards of liability for employers for unlawful harassment by supervisors under Title VII of the Civil Rights...
Jun 18, 1999
Employment Discrimination
Supreme Court Issues Ruling Favorable to Social Security Disability Applicants Who Sue Their Former Employers for Disability Discrimination Under the Americans With Disabilities Act
In a pair of decisions announced on June 22, 1999, the U.S. Supreme Court ruled that, in determining whether an individual is “disabled” under the Americans With Disabilities Act (the “ADA”), the...
Dec 02, 1998
Labor Relations
Supreme Court Rules on Union Waivers of Civil Rights Claims in Collective Bargaining Agreements
Most collective bargaining agreements contain grievance procedures which mandate that disputes be resolved through arbitration, and courts generally read such provisions expansively to require that virtually all workplace...
Dec 02, 1998
Labor Relations
Supreme Court Clarifies Legality of Union Security Clause Requiring “Union Membership”
On November 3, 1998, the U.S. Supreme Court ruled that a union does not violate its duty of fair representation by negotiating a union security clause which requires each covered employee to be a “member in good...
New guidance is available to employers who request that departing employees sign severance agreements in an attempt to limit future age discrimination lawsuits. A recent Supreme Court decision and newly published EEOC...
Jul 01, 1998
Employment Discrimination
Supreme Court Clarifies Standards for Employer Liability for Sexual Harassment by Supervisors
On Friday, June 26, 1998, the U.S. Supreme Court issued two decisions which provide important guidance to employers in the area of sexual harassment. These two decisions, Faragher v. City of Boca Raton and Burlington...
May 01, 1998
Labor Relations
Sexual Harassment Within the Context of the National Labor Relations Act
We examine here two aspects of labor law. The first is whether and in what circumstances certain forms of sexual harassment can constitute an interference with the exercise of an employee’s rights under Section 7 of the...