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California Supreme Court Will Review Brinker Meal and Rest Period Case; 4 Tips to Avoid Problems in the Meantime

The California Supreme Court has granted review of the recent Brinker Restaurant Corp. decision. In that case, a California appeals court ruled, among other things, that an employer’s obligation to “provide” meal and rest breaks means that the employer must make the break available and not impede, discourage, or dissuade employees from taking it. Employers, […]

New Cottage Industry– Small Wage and Hour Claims Against Your Company

There’s a new breed of plaintiff lawyer out there, says attorney Phillip Russell, and they are not looking for the companies with 1,000 employees—they’re happy to find 10 or 15 employees working off the clock or due unpaid overtime. Russell is a member of the Tampa, Florida, office of national employment law firm Constangy, Brooks […]

Canada’s Supreme Court Awards RBC Dominion $1.5 Million from Branch Manager Who Defected to Merrill Lynch

by Brian Smeenk On October 9, 2008, the Supreme Court of Canada released its decision in RBC Dominion Securities v. Merrill Lynch Canada. The court restored an award of approximately $1.5 million in damages against a branch manager who had coordinated the defection of almost all his branch’s sales group from RBC to Merrill Lynch. […]

Fairness—Not Legal Technicalities—Counts with Employees … and Juries

Lawyers like to talk about picky legal points, says attorney Jeffrey Wortman, but the real bottom line for most legal cases is fairness. Juries—and sometimes judges—are more likely to make a decision based on fair treatment than on legal treatment. It isn’t only in court that you reap the benefits of fairness, Wortman notes. It’s […]

Hot List: Bestselling Business Books on Amazon.com

Amazon.com updates its list of the bestselling business books every hour. Here is a snapshot of what is hot right now, this Monday morning, October 27, in the “Business and Investing” category. 1. The Snowball: Warren Buffett and the Business of Life by Alice Schroeder. The legendary Omaha investor has never written a memoir, but […]

New Supervisors Don’t Know Their Own Power

New supervisors don‘t understand their new power, says attorney Jeffrey Wortman, and HR Managers had better teach them about it before they make an expensive mistake. Wortman’s comments were part of a wide-ranging discussion delivered to an enthusiastic audience at BLR’s Second Annual National Employment Law Update, held last week in Las Vegas, Nevada. (Next […]

2009 Pay Increase Survey: Results

Following a drop of more than 2,000 points in the Dow Jones Industrial Average in early October, we surveyed our readers to find out whether employers were revising their pay increases planned for 2009. Between October 24 and October 29, we received 518 responses. Below are the results of the survey. (Read the full story […]

Office Romance Leads to Robbery

Litigation Value: $0. Shockingly, I don’t think Dunder Mifflin can be held liable for any conduct in the “Crime Aid” episode of The Office. That doesn’t mean I think it’s advisable for Michael Scott and Holly to be messing around at work, for Phyllis to auction off sexual favors (“hugs”), or for Dwight to point […]

Avoiding Legal Pitfalls During RIFs and When Reducing Workers’ Hours

by John Vering On Oct. 3, the U.S. Bureau of Labor Statistics’ reported that over the past 12 months, the number of unemployed has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points. Total nonfarm payroll employment decreased by 159,000 in September and thus far in 2008, payroll employment has […]

EEOC Offers Employers Guidance on Avoiding Religious Discrimination

by Tony Puckett Recently, the Equal Employment Opportunity Commission (EEOC) issued new guidance on religious discrimination under Title VII of the Civil Rights Act of 1964. It also issued two other sets of materials addressing religious discrimination: “Questions and Answers: Religious Discrimination in the Workplace” and “Best Practices for Eradicating Religious Discrimination in the Workplace.” […]