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Employment Law

Maritime arbitration agreements enforceable, trump California law

01/15/2009

The 9th Circuit Court of Appeals had ruled that cruise lines and the unions who negotiate labor contracts on behalf of the “seamen” who work on cruise ships can agree that all disputes go to arbitration, and that employment contracts that include arbitration clauses are enforceable.

Independent contractor can sue top contractor for injuries

01/15/2009

If you thought that one advantage of using independent contractors was that those contractors couldn’t sue you for injuries suffered at work, think again.

Insurance claims adjusters may be exempt under California law

01/15/2009

Claims adjusters may be exempt from overtime under the California Industrial Welfare Commission Wage Order No. 4. Reason: They’re administrative employees.

Los Angeles fashion icon to try on lawsuit

01/15/2009

Roberto Hernandez, who used to work in American Apparel’s inventory and IT operation, claims he was fired for refusing to pad the company’s stats at CEO Dov Charney’s request. Now he’s filed suit against the company, alleging wrongful termination, breach of contract, infliction of emotional distress and other charges.

San Francisco officers propose age discrimination class action

01/15/2009

A group of police officers recently filed suit against the city and county of San Francisco, claiming the police department has repeatedly promoted and given raises to younger employees instead of to more experienced, older officers.

Pharmacist says $2.9 billion will cure CVS wage violations

01/15/2009

A pharmacist formerly employed by Longs Drug Stores recently filed a class-action lawsuit demanding $2.9 billion from CVS Caremark Corp., which purchased Longs in October. According to Charles Jones, who worked as a pharmacy manager and pharmacist at a San Diego Longs, the store violated wage-reporting laws for its nonexempt employees.

Planned state furloughs tied up in union lawsuit

01/15/2009

Faced with California’s ongoing budget crisis, Gov. Arnold Schwarzenneger announced that all state workers must take two unpaid days off every month beginning in February. The austerity measure didn’t sit very well with two labor unions …

Immigration compliance issues and changes to track in 2009

01/15/2009

Employers have a number of immigration compliance issues to track in 2009, affecting the Employment Eligibility Verification Form I-9, business travel, no-match letters and employment authorization documentation.

The $640 million question: Do you know how to comply with the FLSA?

01/13/2009

Oops! Wal-Mart’s paying the largest settlement ever for Fair Labor Standards Act (FLSA) violations—a whopping $640 million! Even small employers can be liable for huge penalties if they violate the wage-and-hour law. That’s why HR Specialist’s upcoming Labor and Employment Law Advanced Practices Symposium features a session titled “Wage & Hour Litigation Rages On—The 10 Most Common Mistakes (and How to Avoid Them)." Meanwhile, here’s a primer on FLSA compliance.

OK to let divisions set own promotion criteria

01/13/2009

Having similar-sounding titles and rates of pay  doesn’t necessarily make positions interchangeable. That’s what one employee who was turned down for a promotion in her division learned when she sued for alleged race discrimination.