WageLaw: DOL on minimum wage and part-time exempt employees.

Workplace Law Prof: Summary Judgment in Discrimination Cases.

Also, the unemployment rate is up.  Will we see a spike in employment litigation?

More against McDonnel Douglas/Burdine [Workplace Prof]

WageLaw: Bell v. Sup. Ct. depublished.

CalBizLit has a concise summary of the circumstances under which defendants may (theoretically) claim attorneys’ fees in FEHA cases.

There was more good stuff this week, but I’ve been busy.

I apologize for another week without a podcast, but it’s been a slow news week, and I’ve been attending to family matters.  However, I’m back!

WageLaw: Senator Feinstein Likes Arbitration
Shaw Valenza: California Court of Appeal Upholds 30x Attorney’s Fee Award
Shaw Valenza: California Court of Appeal Enforces Employment at Will [Again]
CalBizLit: California — Not a Judicial Hell Hole?
elinfonet.com: Cookie-Cutter Employment Policies Don’t Cut it

WageLaw: Telling Employees They Will Need to Agree to Arbitration Is Not Itself an Agreement to Arbitrate  [Mitri]
Jeremy Horowitz: Court Determines That Not All Inappropritate Conduct Gives Rise to Claim of Sexual Harassment. [Mokler]
Workplace Prog Blog: Is This The End of Employer-Provided Health Insurance?

Workplace Prof Blog: EEOC Releases Fact Sheet on Employer Tests
WageLaw: Overtime Claims Released Via Severance Agreement

Don’t forget this week’s podcast.

Have a great weekend.

Shaw Valenza: Waiting time penalty statute of limitations. [McCoy]
Carlton DiSante & Freudenberger: Extremely Important Discrimination Case to be Heard by U.S. Supreme Court Next Week
Shaw Valenza: California Supreme Court to Consider Administrative Exemption
WageLaw: Court of Appeal Says Statute is One Year For Waiting Time Penalties Unless Complaint Also Seeks Underlying Wages [McCoy]

There was no podcast this week.

Have a good weekend.

California Labor & Employment Law Blog: Have a Good — But Not Too Good — Time at Your Company Party
WageLaw: Is CAFA Increasing the Scope and Number of Wage and House Class Actions?
[Unintended consequences--also technically last week's, but I didn't read it until now, so there!]

Also, don’t forget this week’s podcast.

Happy Thanksgiving!

Kent Sprinkle: More on Brinker.
WageLaw: Let Us Count The Ways [re: DLSE]
Workcite: The Inside Scoop: What The EEOC Says It Wants To See In Employer Position Statements

(I keep a copy of all of the DFEH’s manuals on hand myself.)

There was no podcast this week, due to the holiday.

Have a great pre-Thanksgiving weekend!

LA Times: State pursues Anaheim firm [work comp]
Sac Bee: Pot Case Test Workers’ Rights [Ragingwire]
WageLaw: Supreme Court Reverses Gattuso
James Peters: California Supreme Court Hears Argumenst on Employees’ Medical Marijuana Use [Ragingwire]

Never be shy about sending me links if there are good ones I’m missing.

Also, don’t forget this week’s podcast.

Have a great Veteran’s Day weekend, and don’t forget what that holiday is all about.

Wage Law: Compensable Time Under the FLSA [Very Comprehensive linky goodness]
Jottings By An Employer’s Lawyer: Not Quite Halloween, But Still A Scary (MDV) Story
That’s What She Said: Branch Wars

And don’t forget this week’s podcast.

Have a great weekend!

• Lifehacker: What Workplace Practices Should Be Over?
• Ross Runkel: Hall Street: Contract vs. statute.
• Union Review: 28,000 workers who were once misclassified as “Independent Contractors” are now UNION! (h/t George’s Employment Blawg)

And don’t forget this week’s podcast.  Have a great weekend! 

San Francisco Chronicle: BART worker awarded $1.27 million for on-the-job racial harassment (h/t Jottings By An Employer’s Lawyer)
Los Angeles Times:Big business on a hot streak with governor
Jottings By An Employer’s Lawyer:Family Responsibility Discrimination Doesn’t Advance in California
Wage Law: Hourly Fees With a Comma?
AP: Swearing at work boosts morale. [But gives HR and employer attorneys heartburn. . .]
ABA: Jerks Confronted At Perkins Coie, Duane Morris. [A trend that is expanding everywhere. . . will this turn into some kind of law?]

Also, don’t forget this week’s podcast, which wrapped up the Legislative session.

Have a great weekend. We’ll see you on the flip.

UPDATE: OK. Maybe this has something to do with why people diss the DLSE. (h/t Robert Nuddleman)

Sheppard Mullin: Effective Immediately: New California Law Requires Leave for Military Spouses
San Francisco Chronicle: 3 bills try to bolster California’s family leave law
Wage Law: Another Class Certification Denial Reversed

If you ever have any need for questions about Alaska Employment Law, this site is a great resource.

Also, don’t forget this week’s podcast! Have a great weekend.

We’ll have answers on all of the remaining bills this weekend, so I will try to get everyone up to date on any breaking news from the Governor.

UPDATE:

The Governor didn’t act on any of the remaining bills on the tracker today.  However, we got an interesting opinion in Brinker today, though it is unpublished. I’ll add a good link to that, below.

Shaw Valenza: Brinker

Reuters: Judge Allows Class Action Over Target Web Site
Elarbee Thompson: Is Punctuality Always An Essential Function?
Shaw Valenza: Title III Of The ADA: Compliance And Litigation Strategies (Very thorogh piece)
Shaw Valenza: California Court of Appeal Limits Administrative Exemption
Fisher& Phillips: NLRB Dramatically Changes Rules Regarding Union Recognition
That’s What She Said: Dunder Mifflin Infinity.

And, just in case you missed it, don’t forget this week’s podcast.

We’re still waiting on the “No Match” decision, and any further legislative action on the bills I’m tracking.

Also, on my Independent Contractor “trend” thing: let’s just say I now have plenty of anecdotal evidence of it.

Top links for the past week. . .

Cal Biz Lit: How To Get Out Of A Contract
Sacramento Bee, Dan Walters: Workers’ comp still a battlefield
Business Week: Wage Wars
Wage & Hour Law: Brinker Could Clarify Further The Meaning Of “Providing” A Meal Period
San Jose Mercury News: What rival health plans would mean for workers
What’s New In Employment Law: California Court: Alleged Independent Contractor Drivers Are Employees.
Ross’s Arbitration Blog: Attacking Arbitration
That’s What She Said: Fun Run

. . . And, just in case you missed it, don’t forget this week’s podcast.

Have a great weekend!