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Employment Law

Facing class action? Remind bosses: No threats

09/22/2010

It’s frustrating to be sued, especially when it looks like the litigation could become a class-action lawsuit. But warn supervisors: It will only make matters worse if they threaten potential members of the class. Courts want employees to freely choose whether to participate in class actions. If courts suspect that intimidation is a factor, they’ll step in.

Court says no to unlimited right to sue

09/22/2010
The Court of Appeal of California has refused to expand the time a former employee has to file a claim under the Fair Employment and Housing Act.

Loose lips lead to lawsuits: Consult lawyer before releasing personal info

09/22/2010
Privacy laws are confusing. If you are unsure about whether you can release any employee information, check with your attorney. That may help you avoid the kind of drawn-out litigation one employer recently endured.

Bill would double rewards for minimum wage lawsuits

09/22/2010

California employees who sue their employers for minimum wage violations and win will be able to collect twice as much if a recently passed bill becomes law. A.B. 1881 would amend the California Labor Code to allow employees to sue for twice the amount they were underpaid, plus interest.

No private right to sue for tip violations

09/22/2010
The California Supreme Court has ruled that employees don’t have a private right to sue their employers for alleged tip violations.

Whistle-blowers’ choice: federal or state claim

09/22/2010

Employees who claim they were terminated or otherwise punished for whistle-blowing often have several potential claims. Fortunately for employers, employees can’t file both a federal administrative claim (and then not appeal the agency decision) and file a state court claim later.

The Supreme Court may rule on the pay bias lawsuit everyone is watching

09/22/2010

Walmart has asked the High Court to overturn a 9th Circuit ruling that allows a class-action suit alleging widespread discrimination against women to proceed. At stake: $1 billion or more. The class of potential plaintiffs includes more than 1.5 million past and current female Walmart employees, the largest pay-bias class action ever.

USF settles bias claim with fired academic advisor

09/21/2010
The University of South Florida has settled a discrimination claim brought by an academic advisor who was fired just 10 months shy of vesting her pension following a 30-year career with the Tampa-based university system.

Timeshare company to pay $868,000 in back wages

09/21/2010
Orlando-based Central Florida Investments will pay $868,443 in back pay and overtime to 1,065 employees to settle a complaint filed with the Wage and Hour Division of the U.S. Department of Labor.

OSHA takes aim at Miami shooting range’s lead hazards

09/21/2010

OSHA has cited Miami shooting range E.N. Range for willfully exposing its employees to lead contamination. The potential fines total more than $2 million. The shooting range pays workers to clean expended bullets off the range. OSHA alleged the company provided insufficient protection against lead poisoning for those workers.