Employment Laws
Employment law covers all rights and obligations within the employer-employee relationship — whether current employees, job applicants, or former employees. Because of the complexity of employment relationships and the wide variety of situations that can arise, employment law involves legal issues as diverse as discrimination, wrongful termination, wages and taxation, and workplace safety. Many of these issues are governed by applicable federal and state law. 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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California Employment Agreements in Jeopardy: Mandatory Arbitration Agreement Presumed Unconscionable
The Ninth Circuit, long hostile to arbitration provisions in employment agreements, has found an employer's form arbitration agreement "presumptively unconscionable" under California contract law. In Ingle v. Circuit City Stores, No. 99-56570 (9th ...
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California Labor Law in the Year 2000
The new millenium will bring significant changes to labor and employment law in California. On January 1, 2000, several new laws will go into effect which will dramatically change the way employers conduct business in this state. Below is a very ...
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California Legislative Update
Governor Davis recently signed into law AB 60, which will reinstate the eight-hour workday. He also recently signed SB 26, allowing disparate impact age discrimination claims, and AB 109, allowing the use of sick leave for family members. The ...
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California Restores Daily Overtime Requirement
On July 20, 1999, Governor Gray Davis signed a new law restoring the daily overtime requirement for California. The new law requires employers to pay workers 1 1/2 times the normal rate for working more than eight (8) hours a day and double pay for ...
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California’s AB 1127:The “Be an Employer, Pay a Massive Penalty” Act
California employers will now be subject to much greater civil penalties and new huge criminal penalties for violations of Cal/OSHA regulations. On October 6, 1999, Governor Gray Davis signed AB 1127 into law. Effective January 1, 2000, AB 1127 ...
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California’s New “Family Sick Leave” Law (Client Alert: September 1999)
-- The New Requirements-- Issues Raised -- Remedies -- Employer Options -- Assembly Bill No. 109 Beginning January 1, 2000, every employer in California that provides paid sick leave to employees normally will be required to permit employees to use ...
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California’s New Overtime Law
Officially entitled the "Eight-Hour-Day-Restoration and Workplace Flexibility Act of 1999 (the Act)," California's new overtime law requires employers to pay workers at one and a half times the normal rate if they work more than eight hours in a ...
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California’s New Plant Shutdown/Mass Layoff Law
California has enacted its own version of the Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. §§ 2101-2109, the federal law that requires employers to give a 60-day notice before ordering a plant closing or mass layoff. The new ...
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California Supreme Court Affirms Strict Liability for Supervisor Sexual Harassment But Applies “Avoidable Consequences” Doctrine to Limit Damages
In a highly anticipated decision for employment lawyers and their clients, on November 24, 2003, the California Supreme Court ruled in State Department of Health Services v. McGinnis that California's Fair Employment and Housing Act (FEHA) imposes ...
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California Supreme Court Approves Termination Based On Reasonable Belief That Employee Misconduct Occurred
In a decision that seeks to balance an employee's rights and an employer's needs, the California Supreme Court recently affirmed the Court of Appeal's decision in Cotran v. Rollins Hudig Hall International, Inc., establishing what constitutes ...
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