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News Bulletin: Job Protection Efforts For Returning Reservists, Guardsmen

A plan to streamline and strengthen enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), has been signed by U.S. Labor Secretary Elaine Chao and Attorney General John Ashcroft. The document delegates the Department of Labor’s USERRA responsibilities to the Veterans’ Employment Solicitor, and the Attorney General’s USERRA responsibilities to the […]

If You Can’t Beat ’Em, Join ’Em

By now, you’ve probably seen (or at least heard about) Marina Shifrin’s viral “quit-eo,” in which she announces her plans to depart her job at a Taiwanese video animating company via homemade dance video – filmed at 4:30 am in her soon-to-be-former, cubicle-filled office:

Rhode Island Recognizes Other States’ Same-sex Marriages

Same-sex marriage is not legal in Rhode Island, but employers there must make provision for employees’ same-sex spouses nonetheless. Gov. Lincoln Chafee (I) on May 14 signed an executive order announcing that Rhode Island will recognize the validity of same-sex marriages entered into in states where it is legal. The executive order went into effect […]

Tips on FLSA’s Training Rules Can Help Employers Avoid Trips to Court

Many employers get sued for failing to properly administer compensable time — including the requirement that generally, employers must pay employees for time spent in training programs, meetings or similar activities. So to avoid costly litigation or enforcement challenges, an employer needs to understand — and correctly apply —the Fair Labor Standards Act’s basic criteria […]

News Notes: Phone Company To Fork Over Millions To Settle Overtime Claims

In a development that highlights the expensive consequences of misclassifying employees as exempt from overtime, San Francisco-based Pacific Bell has reportedly promised to pay out huge damages-$27.8 million-to settle a class action lawsuit involving claims for unpaid overtime. The case involved 600 current and former sales support managers who were classified as exempt from overtime. […]

DOL Examines English Proficiency Project

The Department of Labor (DOL) has released a report evaluating its Limited English Proficiency and Hispanic Worker Initiative project.The program was launched in 2006 with $4.9 million awarded to organizations in California, Minnesota, Nebraska, New York, and Texas so they could test innovative strategies for delivering language and employment services to limited English proficient and […]

News Notes: Arbitration Provision In Union Contract Doesn’t Preclude Whistleblower Lawsuit

The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s […]