Employment Law

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U.S. businesses with at least 10 employees have a 12.5% chance of having an employment liability charge filed against them, according to a recent study by Hiscox, a specialty insurer that focuses on employer legal liability coverage.
Only 10 days after prohibiting federal contractors from discriminating on the basis of sexual orientation and gender identity, Presi­­dent Obama issued the Fair Pay and Safe Workplaces Executive Order.
A recent 9th Circuit Court of Appeals decision likely will make it easier for employees and their lawyers to get class-action certification in employment cases.
Wage-and-hour cases can drag on—and sometimes turn into class-action lawsuits. That’s why settling early may make sense. But settlements can spawn even more lawsuits. To minimize that possibility, consider using a confidentiality clause.

More and more former employees who can’t find lawyers to take their cases are filing their own lawsuits. Their pleadings are frequently long on conclusions and short on factual allegations. Don’t let that give you a false sense of security—or tempt you to toss out documents.

Here’s a warning for employers that want to use arbitration to solve employment-related problems without expensive litigation: Don’t expect to draft the agreement yourself, modify something you find on the Internet or use an English version when employees speak another language, such as Spanish or Viet­­namese.
A new contract grants unionized em­­ployees of New York City's Metropolitan Transit Authority retroactive 1% raises for each of the past two years, which means most will receive one-time payments between $3,000 and $5,000.
Employees who sue for alleged retaliation after reporting safety problems in the workplace have a new and powerful ally: the Cali­for­nia Labor Commissioner’s office, also known as the Division of Labor Standards Enforcement.
Employers defending against Sarbanes-Oxley Act (SOX) whistle-blower retaliation claims should be prepared for a long and tough litigation process. A recent district court decision out of Texas vividly illustrates how long a haul it might be.
The news from the Board is generally pro-employer, but it's time to carefully review your handbooks, applications and offer letters.
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