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Blogs / Tags / Court Cases

Your organization is faced with an employment dispute that looks like it is going to go to trial . . . or at least make it through the discovery and summary judgment phases. The parties intend to depose and call several employer- witnesses including ... More...

A California appellate court has ruled this month that officers and directors are not personally liable for unpaid wages. In Reynolds v. Bement the plaintiff alleged that his employer misclassified certain employees as "exempt" and not entitled to ov... More...

Under a recent United States 8th Circuit Court of Appeals decision, it was held that an employer can terminate an employee who is medically restricted from performing essential functions of her job even though the employee claimed that she could stil... More...

The factor that often proves fatal to an employer in bringing a trade secret case is the inability to demonstrate that it undertook appropriate measures to maintain the secrecy of the information. In a household name example of ironclad protective... More...

A common misconception among employers is that covenants not to compete are enforceable against an employee so long as the covenant is not overly broad or unduly restrictive on the employee, i.e., it is limited in time, place, and scope. In most stat... More...

At first glance, the basic overtime classification rule is deceivingly simple. It states that workers who spend more than half of their work time "engaged in work which is primarily intellectual, managerial, or creative, and which requires exercise o... More...

In a 2001 decision by the 8th Circuit, the Court considered an employee's claim of disability discrimination against the U.S. Postal Service under the Rehabilitation Act of 1973, which has similar standards of liability as those set forth in the Amer... More...

I refer to the famous Ray Bradbury novel, Fahrenheit 451, the degree which paper burns, to emphasize how technology can and should eliminate the use of paper in hiring practices. This could be achieved through technology integration, which has four d... More...

Combine ever-more complicated employment laws with ever-more litigious employees, and you've got the likelihood that an employer of just about any size will be dragged into civil court over one action or another. And it's just as likely that the comp... More...

Interpreting California's Fair Employment and Housing Act ("FEHA"), a California state appellate court held recently that employers are not liable when their customers or clients sexually harass their employees. Although the ruling would ap... More...

Punitive damages - those awarded to punish an employer for its discriminatory acts - are available under Title VII in certain circumstances. Can they be awarded if the plaintiff has suffered no other damages? Courts are split on the issue. The Second... More...

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News

Call Your Next Witness: The HR Professional on the Witness Stand

California Court Finds That Officers And Directors Are <i >Not</i> Personally Liable For Wage And Hour Violations

Employee Subjective Representation Of Ability Insufficient To Support

Suggested Measures For Establishing Trade Secret Status

Employee Covenants Not to Compete: The Myth of Enforceability and Alternative Protective Measures Available to California Employers

The Overtime Classification Game: What Your Company Should Know About the Exempt vs. Non-Exempt Debate

Threatening Behavior Does Not Support A Disability Discrimination Claim

Reaching Fahrenheit 451 Through Hiring Automation: The Selection Phase

HR on the Witness Stand

California Court Says Employers Not Liable for Harassment of Employee By Customer: But Don't Count On It

No Harm, Big Damages!