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Employment Law News

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Big New Contractor Misclassification Penalties
02/16/12

A new California law imposes big penalties for misclassifying regular employees as contractors. Employers will be liable for fines of $5,000 to $15,000 for each incident.
 

Tech Workers in CA Entitled to Overtime Unless Paid $81,026.25
02/15/12

IT workers are often misclassified as exempt because their work is technical. But only a minority of skilled IT workers as legally exempt. Misclassification carries non-exempt IT workers.
 

California Court Holds AT&T Does Not Bar PAGA Class Suits
07/31/11

The Supreme Court held that the Federal Arbitration Act trumped state law that voided arbitration contracts barring class actions. Now a California court has held that the FAA does not trump California's PAGA statute.
 

Supreme Court to Decide Wal-Mart Discrimination Class Action
04/17/11

Should a giant group of Wal-Mart employees be able to bring a class action suit where there is broad evidence of pay and promotion sex discrimination, but individual experiences may be different?
 

Supreme Court Holds Oral Complaint Gives FLSA Whistleblower Protection
03/22/11

The Supreme Court held that the FLSA "filed" requirement for whistleblower retaliation protection includes oral complaints... and maybe more.
 

Meal and Rest Breaks Provided but Not Ensured
11/13/10

The Second Appellate District, in preempting the California Supreme Court's anticipated ruling on this issue, held that employers need only provide employees with meal and rest breaks but need not ensure that employees take these breaks.
 ...

Right to Complain About Your Boss on Facebook?
11/13/10

Lafe Solomon, NLRB General Counsel, filed a complaint against an ambulance service because it fired an EMT for depicting the company "in any way" on Facebook.  NLRB and later the federal courts will rule on this important question.

 

Sexual Harassment by a Female Co-worker
10/27/10

A female co-worker's continuous sexual advances to a man could establish severe and pervasive conduct amounting to sexual harassment.
 

Supreme Court Says NASA Contractors Have Diminished Privacy Rights
10/04/10

The Supreme Court held that NASA's background questions posed to contractors performing unclassified work for NASA did not violate the contractors' privacy interests.
 

California Age Discrimination
09/24/10

The California Supreme Court found that Brian Reid stated a claim for age discrimination and allowed his trial to move forward. The court partly rejected the stray remarks doctrine in reaching its conclusion.
 

Employer Wins Attorney Fees on Wages Claim
09/24/10

The California Court of Appeals awarded an employer attorney fees and costs against employees on an unpaid wages claim.
 

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