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Insights

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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Aug 08, 2000 Employment Termination

Fifth Circuit Court of Appeals Confirms That WARN Notification Obligations May Be Triggered by Employment Terminations Which Precede a Plant Closing

Any employer contemplating closing a facility or terminating more than a handful of employees should be familiar with the provisions of the federal Worker Adjustment and Retraining Notification Act (“WARN”), which...
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Aug 07, 2000 Employment Termination

California Court Says At-Will Employees May Be Able to Sue for Breach of Implied Covenant of Good Faith and Fair Dealing

A California appellate court recently held that an employer may be liable for breach of the covenant of good faith and fair dealing for terminating the employment of an employee at will. Eysie v. Zacson Corporation, First...
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Aug 03, 2000 General Employment Issues

Electronic Workplace Privacy Law Introduced in Congress

The New Jersey Supreme Court recently issued a decision that limits the ability of employees to use of an employer’s customer list to set up a competing business, ruling that customer information may be protectible...
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Jul 26, 2000 Labor Relations

Second Circuit Refuses to Compel Employee to Arbitrate Statutory Claim

As the size of jury verdicts in employment cases – and especially employment discrimination cases – has continued to increase recent years (see What Damages Cap? Significant Jury Awards in Employment Cases in 1999), it...
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Jun 26, 2000 Employment Discrimination

Electronic Bulletin Boards May Be Regarded as Part of the “Workplace” for Purposes of Harassment and Discrimination Laws

On June 1, 2000, the New Jersey Supreme Court unanimously ruled that offensive messages posted on an electronic bulletin board may constitute harassment in the workplace, in violation of Title VII of the Civil Rights Act of...
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Jun 26, 2000 Damages

Reliance on Advice of Counsel May Insulate Employers from Punitive Damage Liability in Discrimination Cases

For most employers, the specter of being held liable for substantial punitive damages in an employment discrimination case is cause for great concern, especially in light of the numerous substantial and highly-publicized...
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