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News Flash: Store Managers Win Multimillion-Dollar Overtime Settlement

Mervyn’s California has agreed to shell out $7.3 million to resolve overtime claims brought by 1,600 store managers who charged they were improperly classified as exempt from overtime. The managers contend they spent most of their time stocking shelves and performing other nonmanagerial duties. Mervyn’s previously agreed to pay $4 million to settle similar lawsuits […]

E-Alert Item: Employer Must Pay Attorneys’ Fees In Bias Lawsuit, Even Though Settlement Offer More Generous Than Jury Award

Willie Greene sued his employer Dillingham Construction N.A. Inc. for racial harassment under the California Fair Employment and Housing Act. A jury awarded Greene $490,000 in emotional distress damages, and the trial court ordered Dillingham Construction to pay an additional $1,025,794 in attorneys’ fees. The company appealed the fee award, arguing that it shouldn’t have […]

News Flash: New Wage Orders Are Here

The Industrial Welfare Commission has posted its revised wage orders. However, the IWC is waiting for further developments on the pending increase inthe state minimum wage before printing the new wage orders and distributing them to employers.

News Notes: Federal Contractor Enters Half-Million-Dollar Settlement Of Gender Bias Claims

Monrovia Nursery in Visalia, which sells plants and plant materials to federal agencies, has agreed to pay out more than $511,000 to 240 women who alleged that the company’s hiring practices discriminated against qualified female applicants. The settlement grew out of a compliance review by the Labor Department’s Office of Federal Contract Compliance Programs.

News Notes: WARN Act Payments Must Include Tips And Vacation Pay

When the Las Vegas Sands Hotel casino closed its doors, it gave workers 45 days’ advance notice, rather than the 60 days required under the federal Worker Adjustment Retraining and Notification (WARN) Act. So the Sands was required to pay workers their wages for the remaining 15-day period. Now the Ninth Circuit Court of Appeals […]

E-Alert Item: U.S. Supreme Court To Consider Whether Employees’ Fear Of Asbestosis Creates Claim For Damages

The nation’s high court has heard arguments in a case that questions whether railroad employees with the lung disease asbestosis can sue their employer for damages based on a fear of developing cancer from exposure to asbestos—even if the employees don’t have cancer or any symptoms of it. The lawsuit was brought by six retired […]

Obama Names GE CEO as Head of New President’s Council on Jobs and Competitiveness

President Obama has named GE CEO Jeff Immelt as head of the new President’s Council on Jobs and Competitiveness. The move is a definite switch from the President’s previous Economic Recovery Advisory Board, lead by Paul Volcker. Now, the focus is not on repair, but on creating new jobs. Immelt knows a little something about […]

News Notes: Ninth Circuit Says Title VII Claims May Be Arbitrated

  Several years ago, the federal Ninth Circuit Court of Appeals ruled that mandatory arbitration agreements are unenforceable for discrimination claims brought under Title VII, the federal anti-bias law. But the court has now called this ruling into question. In a new case, the court found that Circuit City employee Monir Najd had to arbitrate […]

Bulletin Item: Gov. Davis Vetoes Bills Before Leaving Office

Among the bills that failed to win the governor’s approval were AB 1715, which would have prohibited employers from requiring employees to sign agreements to arbitrate Fair Employment and Housing Act claims as a condition of employment; AB 1093, which would have set a living wage for employees of state contractors; AB 1133, which would […]

H-2B Visa Cap Reached for 2006

The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap has been reached for H-2B work visas for the final six months of 2006. The H-2B visa program allows employers to request foreign workers to fill a one-time, peak-load, intermittent, or seasonal need for labor when no workers are available in the local […]