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In an unpublished opinion, the Minnesota Court of Appeals found no problem with the termination of an employee as a result of misconduct when the employer was actually deemed more credible than the employee, and the employee had failed to report ext... More...

A recent 8th Circuit case involving a Missouri bus driver gave the Court an opportunity to discuss hostile work environment claims under Section 1981 as well as Title VII. In this matter, the employee had been subjected to foul language by a number ... More...

By: William Hays Weissman In Wells v. Commissioner1 the United States Tax Court reiterated that emotional distress manifested in the form of depression suffered as a result of alleged employment-related retaliation was not exempt from taxa... More...

By: Paul D. Weiner Aaron D. Crews On August 14, 2009, the California Judicial Council formally amended California Rule of Court 3.724, thereby requiring California litigants to meet and confer regardin... More...

The U.S. Court of Appeals for the Fifth Circuit has ruled that if an employer terminates an employee based on a good faith, reasonable belief that an employee engaged in misconduct, which might later prove to be a mistaken belief, this mistake does n... More...

The administrative exemption for overtime relates to employees who perform non-manual work that is directly related to the management or general business operations of the company. Of course to qualify, an employee must be salaried and exercise... More...

A former Starbucks’ employee sued concerning how their tips were distributed. Starbucks’ procedure was to tally weekly the amounts in the tip jars and then divide the money to every service employee who had worked during the week ba... More...

BE CAREFUL WITH JOB ADVERTISING: A recent 7th Circuit case (Wisconsin is in the 7th Circuit) is a good reminder that one should not include requirements that are not needed to perform the job in job descriptions or advertisings for job openings... More...

A sales representative of Softchoice was promoted to the position of branch manager. His promotion was announced and thereafter he was sent a letter, which contained a non-solicitation agreement with a specific statement that the job offer was ... More...

By: Julie A. Dunne The California Supreme Court has held in Costco Wholesale Corporation v. Superior Court of Los Angeles County, No. S163335 (Nov. 30, 2009) that communications between an outside counsel and his/her corporate client, providing ad... More...

By: Alison N. Davis Hannah R. Farber The District of Columbia Court of Appeals, in Monteilh v. AFSCME, AFL-CIO, 107 FEP Cases 561 (D.C. 2009), recently held that employees located outside of the District may bring claims under the District of Co... More...

A recent Eight Circuit case is illustrative of what is meant by unequal pay under the Equal Pay Act. In the case at point, there was no dispute as to whether or not there was equal work, as the suit followed the female HR director being promote... More...

A Federal appellate court ruled that AT&T violated the Pregnancy Discrimination Act (PDA) by refusing to adjust pension benefits that were partially based on pre-PDA calculations. Persons who were on disability leave were given full service... More...

A federal judge in the United States District Court for the Eastern District of Missouri issued a ruling affecting the remedies an employer may seek when a departing employee misappropriates information stored electronically in Lasco Foods, Inc. v. H... More...

In a refreshingly practical decision, the California Court of Appeal reversed a tip-sharing verdict against Starbucks, erasing an $86 million dollar judgment. In Chau v. Starbucks Corporation, the Court of Appeal held that California law did not pro... More...

By: Susan Reece, PhD and Andrea Chilcote When my tennis coach tells me that I didn’t follow through on my swing, I ask myself how the ball “knows.” The trajectory of the ball is influenced by all of the nuances of my stance, appr... More...

Excerpted from Mississippi Employment Law Letter written by attorneys at the law firm of Watkins Ludlam Winter & Stennis, P.A. Unemployment rates have skyrocketed, many companies have downsized or implemented hiring freezes, and everyone seems... More...

The California Court of Appeal recently affi rmed an employer’s right to settle a putative class member’s disputed wage claims individually, without the consent or involvement of class counsel. In Chindarah v. Pick-Up Stix, the appellate ... More...

Excerpted from Kansas E mployment Law Letter written by attorneys at the law firm of Foulston Siefkin LLP Writer Sebastian Junger coined the phrase "perfect storm" to describe the simultaneous occurrence of different weather phenomena th... More...

Excerpted from Utah Employment Law Letter written by attorneys at the law firm of Wood Crapo LLC When a company downsizes, it can feel like a civil war, with employees worried about whether they will be next on the chopping block. Such times can ... More...

Excerpted from Rhode Island Employment Law Letter written by attorneys at the law firm of Little, Medeiros, Kinder, Bulman & Whitney, P.C. In a major ruling, the First U.S. Circuit Court of Appeals held that employees who retire and receive lu... More...

Excerpted from Missouri Employment Law Letter written by attorneys at the law firm of Armstrong Teasdale LLP On Oct. 3, the U.S. Bureau of Labor Statistics' reported that over the past 12 months, the number of unemployed has increased by 2.2 milli... More...

Co-authored by Carole McAfee Wallace and Elisabeth Patrick On June 27, 2008, the Supreme Court of Canada (SCC) released its much-anticipated ruling in Honda v. Keays. The SCC dramatically reduced the damages awarded by lower courts in the wrongful... More...

On June 19, 2008, in a widely anticipated decision, the United States Supreme Court overturned a decision of the Ninth Circuit Court of Appeals and ruled in a 7-2 opinion authored by Justice Stevens that the National Labor Relations Act (NLRA) "un... More...

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EMPLOYEE MISCONDUCT UNDER MINNESOTA UNEMPLOYMENT LAW

WHITE MALE LOSES RACIAL HARASSMENT SUIT

Employment Taxes

E-Discovery: New California Rule of Court Requires Advance Meeting and Planning

EMPLOYER’S SUSPICIONS ABOUT EMPLOYEE MISCONDUCT DON’T HAVE TO BE RIGHT, JUST REASONABLE

ADMINISTRATIVE EXEMPTION FROM OVERTIME

TIP ABOUT TIPS

BE CAREFUL WITH JOB ADVERTISING

PROMOTION ADEQUATE CONSIDERATION FOR A RESTRICTIVE COVENANT

California Supreme Court Holds It Is Safe to Render Legal Advice Again

East Coast

UNEQUAL PAY FOUND

Pregnancy Discrimination Act Not Retroactively Applied

Missouri Court Paves the Way for Federal Jurisdiction: Misappropriation of Electronic Information

Court of Appeal Reverses $86 Million Verdict Against Starbucks

How Does A Tennis Ball Know That You Will Follow Through on Your Swing?

Tips for HR to Manage an Overload of Resumes and Avoid Legal Issues

Employer’s Right to Settle Disputed Claims with Individual Employees Affirmed

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

Laid-off Workers Win Some Discrimination Lawsuits, Lose Some

Retirees Win Right to Sue for Fund Mismanagement

Avoiding Legal Pitfalls During RIFs and When Reducing Workers' Hours

Tighter Rules on Damages in Wrongful Dismissal Cases

Tighter Rules on Damages in Wrongful Dismissal Cases

U.S. Supreme Court Overturns California’s Limitation on Employer Free Speech Rights to Resist Union

	Good Guy = Bad Manager :: Bad Guy = Good Manager. Is it a Myth?

	Base Pay Increases Remain Steady in 2007, Mercer Survey Finds

	Online Overload: The Perfect Candidates Are Out There - If You Can Find Them

	Cartus Global Survey Shows Trend to Shorter-Term International Relocation Assignments

	Rewards, Vacation and Perks Are Passé; Canadians Care Most About Cash