Sunday, July 5, 2026Labor & Employment Law
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6399 articles on ELINFONET
Benefits - Retirees
As an employee reaches retirement age, he may want to retire or cease working full-time. The employer, however, may need or want the employee to continue to work temporarily or on a part-time basis. The employee wants to begin to receive his pension plan payments. A frequent question in this scenari
California - General
Denying an employer’s request to arbitrate an employee’s discrimination, harassment, and wage-related claims, the California Court of Appeal has held that courts, not arbitrators, had the power to decide whether an arbitration agreement was unconscionable. This is so even where an agreement is s
Wisconsin - General
A bill has been passed by both houses of the Wisconsin legislature that would repeal the right of successful complainants to receive an award of compensatory and punitive damages in circuit court under the Wisconsin Fair Employment Act. Senate Bill 202, introduced September 27, 2011, was passed by t
Massachusetts - General
Thirty-nine percent of data breaches in the U.S. happened to businesses while the data was in the hands of third-party vendors, according to the 2010 Annual Study of the Ponemon Institute.
California - Class Actions
Reversing a $15 million judgment against an employer in a class action for alleged unpaid overtime, the California Court of Appeal, First Appellate District, has held that the trial court’s trial management plan, which used sampling evidence to prove class liability, denied the employer due proces
Georgia - General
Effective immediately, businesses in Georgia can save themselves the expense of using legal counsel to file routine garnishment answers. The new law, signed by Governor Nathan Deal on February 7, 2012, allows businesses to appoint an “authorized officer or employee†to file such answers and decl
Indiana
Indiana’s new right-to-work law amends the Indiana Code to prohibit collective bargaining agreements that would require workers to pay union dues or fees. The new law, signed by Indiana Governor Mitch Daniels on February 1, 2012, applies to any written or oral contract or agreement entered into, m
California - General
A provision in an employment application requiring the applicant, but not the employer, to submit all disputes to arbitration was both procedurally and substantively unconscionable, and therefore unenforceable, the California Court of Appeal, Third Appellate District, has ruled. Wisdom v. AccentCare
New Jersey - Restrictive Covenants
Joining the vast majority of jurisdictions in the country, New Jersey has enacted a law to protect trade secrets. The New Jersey Trade Secrets Act (“NJTSAâ€), signed by Governor Chris Christie on January 9, 2012, is a version of the Uniform Trade Secrets Act (“UTSAâ€). A total of 47 states have
California - Wage & Hour
In a case of first impression, the California Court of Appeal has clarified the scope of an employer’s obligation to pay reporting time and split shift premiums under the California Industrial Welfare Commission’s Wage Order No. 4-2001 (“Wage Orderâ€). The Court ruled that an employee was not
California - Wage & Hour
Sidestepping its first opportunity to address California’s overtime exemption for administrative employees, the state Supreme Court has ruled that although the court of appeal misapplied the “administrative/production worker dichotomy,†the case should be remanded for analysis under the applic
Iowa
An invasion-of-privacy claim against an insurance agent brought by his former employee should proceed even where the surveillance camera in the workplace’s unisex bathroom was faulty, the Iowa Supreme Court has ruled. Koeppel v. Speirs, No. 08-1927.
California - Wage & Hour
The California Division of Labor Standards Enforcement has released a form notice that is compliant with the new California Wage Theft Prevention Act of 2011. Effective January 1, 2012, the Act requires employers to provide many new employees with written notice that details their rates of pay, empl
Washington State - General
Finding no error in the trial court’s ruling that plaintiff-armored car employees “were always engaged in active work duties when on the armored vehicles,†the Washington Court of Appeals has affirmed a $2.1 million judgment against an employer for failing to comply with Washington’s meal an
Virginia
Finding a non-compete provision in an employment agreement overbroad on its face and therefore unenforceable, the Supreme Court of Virginia has affirmed dismissal of an employer’s breach of contract claim against a former employee. Home Paramount Pest Control Cos., Inc. v. Shaffer, 2011 Va. LEXIS
California - Wage & Hour
Nonresidents of California are entitled to overtime pay under California law for work performed in California, the U.S. Court of Appeals for the Ninth Circuit has ruled, following the California Supreme Court’s responses to its questions on state law. Sullivan v. Oracle Corp., 2011 U.S. App. LEXIS
Mississippi
The Mississippi concealed firearms law has been amended to allow licensed gun owners who have “additional†training to carry concealed firearms in certain locations previously prohibited by law. These locations include courthouses, polling places, government meetings, any school, college or prof
California - Wage & Hour
The required compensation levels for employees exempt from overtime under the California computer professional exemption will increase by 2.5 percent from the current levels beginning January 1, 2012, the California Department of Industrial Relations (DIR) has announced.
California - General
A number of new employment bills making significant changes in California employment law and requiring review of employer human resources policies and employee handbooks has been signed by California Governor Jerry Brown. The new laws are effective January 1, 2012, unless otherwise indicated. We hig
New York - Wage & Hour
New York’s landmark Wage Theft Prevention Act requires employers to issue to all New York employees an annual notice complying with the requirements of New York Labor Law § 195 (as amended by the Act). The statute became effective in April 2011 and the first annual notice must be provided prior t