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Managerial Exemption and Class Actions

On March 20, 2013 a California Appellate court reinforced the fact that employees who attempt to certify class actions claims of “misclassification” of exempt employees (and related meal- and rest-period claims) face an uphill battle. William Dailey v. Sears, Roebuck and Company. Background Sears operates several auto centers throughout the San Diego area. The auto centers ...
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Love is in the Air: Workplace Romance Policies

Ria Chattergoon of Fisher & Phillips recently published an article titled “Love is in the Air” in our partner publication In the Mix. In this piece, she discusses some factors that lead to romantic attraction between employees, and the steps companies should take to ensure a relationship won’t end in litigation. Read More (Page 34)!
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What Came First — Management Discipline or the Employee Complaint?

You finally have decided to take the long overdue disciplinary action. Just before you do, the employee to be disciplined, possibly sensing what’s about to happen, makes a complaint of harassment. This is the first you’ve heard of this problem. Is the complaint legitimate? What do you do? Continue with the planned disciplinary action? Put ...
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State of the Unions – New Tactics Target Unorganized Workers

If you’ve been following the news, you probably realize that it has been a busy year for organized labor. The percentage of unionized workers in the private sector has fallen to historic lows, leaving unions with fewer dues-paying members, and motivating them to adopt new tactics to stem the decline. Exploiting a more favorable environment created by recent ...
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What Hotel Leadership Should Know About the Emerging Trend of Assault and Battery Claims

Ask nearly any leader in the hotel industry and/or their HR manager for the definition of a “hostile work environment,” and they will have a pretty solid answer. That’s because many of them have had to handle employee claims for illegal harassment. Further, these leaders, for the most part, have dealt with such employee issues ...
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Is There an Intern in Your Future?

There was a significant increase in the number of class-action lawsuits in 2012 brought by a former intern, many of whom were in unpaid positions working in the business sector.  But recently the educational community received a wake-up call when Hamilton College was hit with a class-action lawsuit involving its paid interns. The Facts In ...
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Social Media and Trade Secrets

Social Media and Trade Secrets The various issues created by Facebook, LinkedIn, and other similar platforms lead to constant requests for input by management-side employment lawyers. Likewise, employers – especially those in industries with a heavy emphasis on relationships for research and development – are also focused on protection of their trade secrets and other ...
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