Employment Law

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Don’t expect a quick ruling when challenged on whether and employee has been properly classified as exempt or nonexempt.

The Obama administration wants more money for wage-and-hour enforcement next year, even as it asks for less funding overall for the Department of Labor.

The U.S. Department of Labor’s Wage and Hour Division has launched an enforcement initiative on the West Coast aimed at ensuring workers at fast food establishments are being paid the proper minimum wage and receiving overtime pay when they work more than 40 hours per week.

A California appeals court has decided that, rather than tossing out an arbitration agreement, it would delete the parts it found unconscionable and then send the case to arbitration.
A reasonable rule that says an employee will be discharged if she has been off work with an injury for one year or more is legal under California law.
If you use a testing list to make hiring or promotion decisions, know that the date you announce the list doesn’t count towards any statute of limitations. Instead, the date of the first promotion or hire starts the clock ticking.

The death of Supreme Court Justice Antonin Scalia on Feb. 13 could affect the outcome of close cases that have already been argued but not yet decided, including one that could determine the future of government employees’ unions.

A federal court has concluded that an employer and employee can agree that claims will be arbitrated and that an arbitrator can decide if the parties had the right to agree on the subject matter.

The EEOC has issued a proposed revision to its guidance on workplace retaliation—the first since 1998—that could radically change how enforcement authorities and courts define retaliation and its causes.

The National Labor Relations Board has issued a new ruling that only solidifies its activist posture of the last few years.

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