Employment Laws - Page 82
This is FindLaw's collection of Employment Laws articles, part of the Human Resources section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Human Resources
Employment Laws Articles
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In Chambers v Trettco, Inc, (July 31, 2000) the Michigan Supreme rejected by a six to one margin the U.S. . -
The U.S. Department of Labor (DOL) has adopted a new interpretation of the existing federal unemployment c. -
The implications of this new law are significant because paying prevailing wages is likely to increase the average cost of a development project. This article discusses the prevailing wage law both before and after SB 975, and analyzes possible exemptions both within and outside of the statute. It also surveys current legislative and constituent responses to SB 975 and presents potential strategies for coping with the new law, from a Developer's perspective. -
On January 1, 2004, the Labor Code Private Attorney General's Act went into effect. Signed by Governor Davis on October 12, 2003 as Senate Bill 796, this statute created a private right of action for employees to enforce any provision of the Labor Code, with the exception of a few workers' compensation provisions. Codified as Labor Code 2698 et seq. ("Section 2699"), this law authorized any employee to bring a civil action against his or her employer on behalf of himself or herself and others, and to collect attorneys' fees, for employment law violations that are not cited by a governmental agency. -
After much delay and controversy, the Department of Labor's new overtime regulations became the law on August 23, 2004. Under what have been dubbed the new Fair Pay rules, workers earning less than $23,660 per year, or $455 per week, are now guaranteed overtime protection. This is a substantial change from the earlier cutoff of only $7,960 per year. -
On June 14, 2004, the United States Supreme Court issued its opinion in Pennsylvania State Police v. Suder and extended the affirmative defense originally outlined in Burlington Indus., Inc. v. Ellerth and Faragher v. City of Boca Raton to constructive discharge cases. In Suder, the Court held that an employee's failure to seek recourse under an employer's non-discrimination/non-harassment policy may bar a claim that the employee was forced to resign because of intolerable working conditions. -
On August 27, 2004, the Texas Supreme Court issued its long-awaited decision in Hoffmann-LaRoche Inc. v. Zeltwanger. This decision has resulted in a significant change in Texas law on intentional infliction of emotional distress claims ‚ — a change that is favorable to employers. The case had garnered substantial publicity as a result of the eight-figure judgment against the employer (Roche). -
Prudent employers have trained managers and employees on preventing unlawful discrimination and harassment in the workplace for years. Such training helps employers avoid conflicts that result in litigation and can also help defend against lawsuits if they arise. This wise course of action has become a legal responsibility since Governor Arnold Schwarzenegger signed Assembly Bill 1825 on September 29, 2004. -
On September 20, 2004, the United States Department of Labor ("DOL") issued proposed rules interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA" or "the Act"). USERRA is the primary federal law that provides employment and benefit protection for employees who are absent from work because of military service. -
For years, commentators have viewed Massachusetts as neutral territory for the enforcement of noncompete agreements. An employer's need to protect its most important assets, including the company's strategic vision, customer base, and trade secrets, has been delicately balanced against employees' desire to shift alliances in an increasingly transient work environment. Whereas some states, such as New York, passively accept noncompetes, other states are outwardly hostile.