Insights

Oct 20, 2003 Wage & Hour Issues

New California Legislation Increases Penalties for Labor Code Violations and Steps Up Enforcement with Private Lawsuits

In one of his last acts before leaving office, Governor Gray Davis has signed into law the “Labor Code Private Attorneys General Act of 2004.” The law, which takes effect on January 1, 2004, allows employees to...

Oct 11, 2003 Labor Relations

NLRB Reiterates that an Employer’s Implementation of Proposal to Apply “Marketplace Pay” is Unlawful

It is well settled under the National Labor Relations Act (the “NLRA”) that, after bargaining to a good faith impasse with the union that represents its employees, an employer has the right to unilaterally...

Oct 11, 2003 Labor Relations

NLRB Limits Employer Right to Discipline for Violation of No-Solicitation Rule

In an effort to strike a balance between the right of employers to control the workplace and the right of employees under the National Labor Relations Act (the “NLRA”) to engage in union organizational activity,...

Sep 12, 2003 Employment Discrimination

The Status of the “Interactive Process” as a Mandatory Legal Obligation for Employers in New York

In Reeves & Durham, “Can We Talk? Reasonable Accommodation and the Interactive Process in the West: Spring 2003,” NYSBA Labor and Employment Law Section, Fall Meeting 2003 (“Reeves & Durham”),...

Sep 08, 2003 Labor Relations

NLRB Sustains Employer’s Pre-Election Solicitation of Grievances Consistent With Prior Practice

During the period prior to a representation election conducted by the National Labor Relations Board (the “NLRB”) to determine whether a group of employees desire union representation, the National Labor Relations...

Aug 10, 2003 General Employment Issues

New York Employers Cannot Rely on “Inevitable Disclosure” Doctrine To Protect Confidential Information

A New York appellate court recently ruled that an employer could not rely on the doctrine of “inevitable disclosure” in support of its application for a preliminary injunction barring a former employee from...

Aug 04, 2003 Employment Discrimination

Federal Court Orders Trial on Validity of Depressed Employee’s Release of Claims

Employers who offer a terminated employee severance pay or other separation benefits typically condition those benefits on the employee’s execution of a general release, waiving all legal claims arising out of his/her...

Jul 30, 2003 Employment Discrimination

Second Circuit Rules that Defense of Discrimination Suit Constitutes Protected Activity Under Title VII

Title VII of the Civil Rights Act of 1964 includes a provision prohibiting an employer from retaliating against an individual who “has opposed any practice made an unlawful employment practice by this subchapter, or...

Jul 01, 2003 Employment Discrimination

California Appellate Court Considers Age Discrimination an Unfair Business Practice, Requires Disclosure of Verdict to Workforce

On June 12, 2003, the California Court of Appeal for the Second District affirmed a jury verdict of over $5 million, plus $1.7 million in attorneys’ fees, in an age discrimination and unfair competition law...

Jun 30, 2003 Employment Discrimination

Appellate Court Upholds Age Discrimination Verdict Against Broadcaster Marketing to Young Consumers

The federal Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-34 (“ADEA”), makes it unlawful for employers to discriminate against employees or applicants who are forty years of age or older. The...

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