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Labor & Employment

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Triable fact issues remain as to whether government entity running fair and exhibition grounds fits within the Fair Labor Standards Act’s amusement and recreation establishment exception to overtime pay requirements.  Read More

Despite the fact that plaintiff employee had no actual disability, her employer had a statutory duty to accommodate what it perceived to be her disability; consequently, triable issues of fact exist on plaintiff’s claim that her employment was terminated for an impermissible reason.  Read More

The Labor Department’s regulation reversing, without explanation, decades of treating service advisors as exempt salesmen under the Fair Labor Standards Act is not entitled to judicial deference.  Read More

Whether commission-paid employees were required to perform tasks not directly involved in selling, in violation of California’s minimum wage laws, was a common question permitting class certification. Read More

Plaintiff who took a medical leave of absence from her full-time job and, upon her return, was offered only part-time work, could not show that the employer’s legitimate business reason for not offering full-time work was pretextual.  Read More

Under the Fair Labor Standards Act, a worker’s regular rate of pay, used to compute overtime pay, includes any compensation paid even if it is not paid on an hourly basis; so payments to employees in lieu of medical insurance benefits should have been included in their regular rate of pay, for purposes of computing their overtime pay.  Read More

A discriminatory constructive discharge from employment claim accrues on the employee’s resignation, not on the earlier date of the employer’s last discriminatory act.  Read More

Arbitrators’ award holding defendant bound by a collective bargaining agreement as a member of the multi-employer bargaining unit should have been confirmed despite court’s finding arbitrators’ construction of the agreement “implausible” and despite argument it violated public policy.  Read More

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