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Insights

Dec 26, 2000 General Employment Issues

New California Law Requires Employers to Report Independent Contractors

A new California law intended to assist in locating parents for the purpose of collecting child support payments will require businesses and government entities to report specified information about independent contractors to...
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Nov 22, 2000 General Employment Issues

OSHA Issues Final Ergonomics Rule

On November 13, 2000, the Occupational Safety and Health Administration (OSHA) issued its final ergonomics program standard. The rule will take effect on January 16, 2001, and will apply to all employers except those covered...
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Nov 12, 2000 Employment Discrimination

New California Law Permits Co-Workers to Sue One Another for Workplace Harassment

A recent amendment to California’s Fair Employment and Housing Act (“FEHA”), effective on January 1, 2001, will permit co-workers to sue one another personally for unlawful harassment in the workplace. While...
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Nov 10, 2000 Employment Discrimination

California Law Broadens Protections for Disabled Employees and Applicants

Many employers, especially those in safety-sensitive industries, express concern that hiring applicants with certain disabilities could pose hazards in the workplace. The Americans with Disabilities Act (the...
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Oct 31, 2000 Wage & Hour Issues

Employers Who Take Deductions From Salaried Employees’ Pay May Be Liable for Overtime Compensation, According to Second Circuit

In a case that had been remanded previously by the United States Supreme Court, the U.S. Court of Appeals for the Second Circuit in New York recently ruled that a class of salaried New York City employees might be entitled to...
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Oct 25, 2000 Wage & Hour Issues

Discretionary Bonuses Based in Part on Employer’s Performance Do Not Fall Within the Definition of “Wages” Protected by New York’s Wage Payment Statute

In Truelove v Northeast Capital & Advisory, Inc., 3 No. 99 (NY Ct. App. 2000), a case of first impression in New York, the state’s highest court ruled on October 17, 2000 that discretionary bonuses based on an...
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Oct 13, 2000 Wage & Hour Issues

New California Law Exempts Some Highly-Paid Software Professionals From Receiving Overtime

Under the California Labor Code, employees who work in excess of eight (8) hours in a day or forty (40) hours in a week are generally entitled to overtime pay. A recent amendment to the Labor Code, effective September 19,...
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Sep 06, 2000 General Employment Issues

Federal Appeals Court Strikes Down Family Medical Leave Regulation

The U.S. Court of Appeals for the Seventh Circuit recently struck down a Department of Labor regulation that allowed an otherwise ineligible employee to obtain benefits under the Family Medical Leave Act (the...
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Aug 29, 2000 General Employment Issues

California Supreme Court Provides Guidance on Mandatory Employment Arbitration Agreements

As jury verdicts continue to soar (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), many employers have looked to mandatory arbitration agreements to limit the expense and uncertainty of employment...
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Aug 25, 2000 General Employment Issues

Ninth Circuit Rules ERISA Plans Obligated to Notify Participants, When Asked, of Potential Amendments Under “Serious Consideration”

The U.S. Court of Appeals for the Ninth Circuit, in San Francisco, has ruled that employers have a fiduciary duty to respond to employee inquiries regarding potential changes to employee benefit plans covered by the Employee...
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