Category Archives: Labor and Employment Law

U.S. Department of Labor Announces Final Rule on Overtime Exemption

The U.S. Department of Labor today issued its much anticipated final rule on the overtime exemption for “white collar” workers under the federal Fair Labor Standards Act. The final rule is expected to impact the overtime eligibility of 4.2 million … Continue reading

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New Proposed FMLA Regulations Extend Protections to Same-Sex Spouses

Recently the U.S. Department of Labor announced proposed regulations that would extend Family and Medical Leave Act (FMLA) protections to same-sex spouses. These proposed regulations are widely anticipated to become final after a brief public comment period. The FMLA entitles … Continue reading

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Recent Decision Striking Down California Teacher-Tenure Laws Sparks National Debate

On June 10, 2014, a California state trial court judge held that California’s laws that govern teacher hiring, firing and tenure violated the California Constitution’s guarantee that all children will receive an education. The judge found that preventing dismissal of … Continue reading

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New FMLA Forms, GINA and the Information You DON’T Want

Using one federal agency’s forms should satisfy other federal agencies – right?  The answer: not exactly. The Department of Labor (USDoL) has updated its optional FMLA forms and has given them a 2015 expiration date (they are unlikely to make it to 2015 due … Continue reading

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EEOC Restates Its Position That the Use of Arrest Records May Violate Title VII

On April 25, 2012 the EEOC restated the possibility that the use of criminal background checks by employers may violate Title VII if the standard they employ has a disproportionate adverse impact based on race, national origin, or other protected … Continue reading

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