Insights

For the third time in the last 23 years, the National Labor Relations Board (the “NLRB”) has changed its position on whether non-unionized employees are entitled to so-called “Weingarten” rights...

A recent unpublished opinion of the California Court of Appeal presents a textbook example of how not to draft an arbitration provision in an employment agreement. In United Revenue Service, Inc. v. Prall, 4th Dist. No....

On April 6, 2004, the United States Court of Appeals for the Second Circuit in New York affirmed summary judgment in favor of Costco Wholesale Corporation (“Costco”), dismissing the claims of a bakery worker,...

It is widely assumed that the new administration of California Governor Schwarzenegger will prove to be more sympathetic to the interests of employers than that of his predecessor, Gray Davis. California employers should...

It came as a great surprise and disappointment to the employer community when, in July 2002, the United States Court of Appeals for the Sixth Circuit held that the federal Age Discrimination in Employment Act (the...

The California Supreme Court recently ruled that an employer in a sexual harassment case may limit a plaintiff’s damages if it can show that the damages could have been prevented by the plaintiff with reasonable effort...

On December 4, 2003, President Bush signed into law the Fair and Accurate Credit Transactions Act of 2003 (“FACT”) (See Congress Amends Fair Credit Reporting Act to Exclude Investigations of Employee Wrongdoing...

The Fair Credit Reporting Act (“FCRA”), among other things, requires employers to obtain written authorization and disclose certain information whenever the employer uses an outside agency to conduct background...

On November 4, 2003, San Francisco voters approved Proposition L, a minimum wage ordinance that requires virtually all employers to pay at least $8.50 per hour for work performed within the geographic boundaries of the...

A U.S. District Judge in New York relied heavily on an employer’s failure to distribute a non-discrimination policy to its employees and to train its employees concerning diversity issues in denying the employer’s...