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Insights

Dec 28, 1999 General Employment Issues

California Appellate Court Refuses To Enforce Employer’s Arbitration Policy

Many employers, seeking to avoid the risks and expense inherent in jury trials of wrongful discharge and discrimination claims, require their employees to enter into agreements under which all employment-related disputes are...
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Oct 27, 1999 Employment Discrimination

New California Statute Limits Use of Salary as Termination Criterion

In conducting reductions in force, employers commonly select for termination employees whose salaries appear to be disproportionately higher than those of similarly-situated co-workers. A 1997 California court of appeal...
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Aug 10, 1999 Wage & Hour Issues

California Restores Daily Overtime Requirements

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...
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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...
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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...
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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...
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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...
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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...
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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...
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Sep 29, 1998 Employment Termination

Preventing Post-Employment Lawsuits: Releases That Do the Job

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...
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