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Age Discrimination Claims Remain Popular

Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the...more

5/17/2013 - Age Discrimination Discrimination Hiring & Firing

The Force is Sometimes Against Us

Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more

5/14/2013

Take that, NLRB!

Remember all that hubbub about the National Labor Relations Board (NLRB) requiring employers to display a poster advising employees of their right to organize?...more

5/9/2013 - First Amendment NLRA NLRB Posting Requirements

Class Actions: Generally Not Nutritional

A group of former employees of a popular vitamin and nutritional supplement store filed a lawsuit against their employer for allegedly failing to pay them for overtime hours. The suit was originally filed in July of 2011...more

5/3/2013 - Class Action Nutritional Supplements Wage and Hour Wages

D’oh! Employment Law According to Homer Simpson

We have all lived in a highly regulated, pro-employee environment for years. Moreover, there is no hiding it; employers are bombarded by news about the hazards of having employees which illustrate the various pitfalls, often...more

4/30/2013 - Employer Liability Issues Hiring & Firing Performance Reviews Termination Warning Letters

Any Volunteers?

Generations X, Y and Z: educated, independent, entitled and media savvy. When motivated, these workers can be very valuable. Retaining them, however, can be a problem. Conventional wisdom is don’t try; they will be moving...more

4/25/2013 - Company Culture Corporate Social Responsibility Millenial Generation Volunteers

Two Basic Tips for Avoiding an Employment Lawsuit

In order to avoid having to dedicate time and money to an employment lawsuit down the line, it is extremely important for employers to clearly define the expectations they have for employees. Also, even small business...more

4/3/2013 - Performance Reviews Training

Wild Bear Attacks Employer

We have all heard the stories of the mother bear that attacks when humans wander too close to her cubs. Do humans behave any differently? According to Business Management Daily, nine out of ten employees who are terminated...more

3/29/2013 - FMLA Hiring & Firing Medical Leave Termination

Get Your Programs Here!

To paraphrase the program hawker, ‘you can’t figure out a complicated government form without a program!’ Following its recent release of a new Form I-9, the U.S. Department of Homeland Security has issued a new I-9 Handbook...more

3/28/2013 - DHS Handbooks I-9

Contractor Checklist

On March 21, 2013, I spoke on the topic of new employment laws for the Government Affairs Committee (GAC) of the Beverly Hills Chamber of Commerce. Also speaking to the GAC that morning was Head Deputy District Attorney John...more

3/27/2013 - Contractors Fraud

Internships: Out of Fashion

A former unpaid intern, Dajia Davenport, recently filed a class action lawsuit against Elite Model Management. The lawsuit was filed in the Southern District Court of New York and seeks $50 million in connection with various...more

3/20/2013 - Fashion Industry FLSA Internships Misclassification Unpaid Interns Wage and Hour

New I-9 Form Causes Riots and Looting

Okay, that didn’t actually happen, but absent the title, would you have read a blog post about a new government form? In any event, we will try to keep it brief: the U.S. Department of Homeland Security issued a new Form I-9...more

3/14/2013 - Eligibility Hiring & Firing I-9 USCIS

Out with the Old, In with the New

Following a series of minor amendments to the Family and Medical Leave Act of 1993 (FMLA) as well as approval of related regulations by the Department of Labor (DOL), the DOL has issued a new FMLA poster. The new poster is...more

3/11/2013 - DOL FMLA Notice Requirements

Woman Files Lawsuit Against Christian School Alleging Pregnancy Discrimination

Teri James, a former employee of San Diego Christian College in El Cajon, recently filed a wrongful termination lawsuit against the educational institution for allegedly firing her from her position as a financial aid...more

3/8/2013 - Discrimination Gender Discrimination Hiring & Firing Religious Discrimination Religious Schools

Christian School Files Lawsuit Against Former Teachers

The Little Oaks Private School, a Christian school based in Thousand Oaks, California, recently filed a lawsuit against two of its former teachers after they threatened a lawsuit. The teachers were fired last August when they...more

3/6/2013 - Discrimination Hiring & Firing Religious Discrimination Religious Schools Teachers Termination

Wiccan Prisoners Might Soon Have Representation

Wicca is a pagan-based religion growing in popularity in Europe and North America. One sign of growth can be measured by the increased number of legal decisions relating to the practices of Wiccans. The most recent of these...more

2/28/2013 - Freedom of Religion Prison Religion Wicca

There’s a New Sheriff in Town

Most employers know that if an employee feels as though he or she is being discriminated against or harassed in the workplace, there will be the possibility of a lawsuit. While most employers understand this dynamic, they...more

2/25/2013 - Discrimination Harassment

What Would Jesus Do?

On January 25, 2013, Chelsea Welch, a server at a St. Louis Applebee’s, was terminated from her position after posting online a photograph of a note a customer wrote on a receipt. The note, left by a Missouri-based pastor,...more

2/19/2013 - NLRA Protected Concerted Activity Social Media Social Media Policy Termination

The Top 20 Employer Myths

The celebration of the 20th anniversary of the Employment Law Reporter, one of the longest running employment law newsletters in the State of California, continues with our take on the top 20 employer myths. Join the...more

2/18/2013 - At-Will Employment Confidential Information Independent Contractors Informal Complaints Layoffs On-Duty Meal Period Waivers Rest and Meal Break Wage Deductions

Beware: The Department of Labor is Targeting Your Mom

Well, sort of. During a recent American Bar Association conference, a representative of the Department of Labor (DOL) speaking on the issue of targeted enforcement noted that the DOL had “great interest” and “initiative” in...more

2/5/2013 - DOL

You Can All Relax Now

For those of you who were losing sleep over the allegation that “Storage Wars” is fake, you can now rest easy: one month after former cast member, David Hester, claimed that portions of the show were fake and scripted as part...more

2/5/2013 - A&E Breach of Contract Hiring & Firing Storage Wars Termination Whistleblowers

Employment Law Reporter – February 2013

In This Issue: - The Twenty Pros and Cons of Working in Human Resources - California Supreme Court Issues Harsh Ruling Regarding Union Picketing on Private Property - Excerpt from California Supreme...more

2/1/2013 - Collective Bargaining Free Speech Human Resources Professionals Private Property Public Forum Ralphs Right to Picket Unions United Food and Commercial Workers Union

Hitting a Gift Horse in the Mouth?

A former employee of the American Humane Association (AHA), Barbara Casey, has filed a lawsuit alleging that she was wrongfully terminated after complaining that some of the animals on the HBO show “Luck” were abused during...more

1/31/2013 - American Humane Association Animal Cruelty HBO Hiring & Firing Retaliation Termination

Obama: “Oops, My Bad!”

If you have attended any of our recent seminars (and if not, why not?) or read a fair portion of our articles and blog postings, then you know that the National Labor Relations Board (NLRB) has been on the warpath lately. ...more

1/28/2013 - Barack Obama Canning v NLRB NLRB Political Appointments Recess Appointments

Everything You Always Wanted to Know about Compensatory Time Off and Makeup Time, but Were Afraid to Ask

“Compensatory time off ” and “makeup time” are concepts often invoked as convenient methods to address the needs of both the employer and the employee. Indeed, numerous California employers permit compensatory time off and...more

1/4/2013 - Compensatory Time Off IWC Makeup Time Order No. 14 Section 204.3 Section 513

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