USING THE STATUTORY “OFFER TO COMPROMISE” TO OBTAIN FAVORABLE SETTLEMENTS

Like all civil litigation, most employment law cases are resolved before trial. However, the plaintiff rarely just gives up. The court dismisses some matters involuntarily, whether by demurrer or motion for summary judgment. Other employment law cases are settled in...

EMPLOYEE AB– USE OF TECHNOLOGY: THE EVER-CHANGING WORKPLACE CHALLENGE

Technology gone wild! Blogging, instant messages, text messages, e-mail, digital camera phones… the list just keeps growing. With more employees using electronic communications devices, employers are constantly bombarded with new legal risks and efficiency...

REST BREAK AND MEAL PERIOD CLAIMS AFTER MURPHY V. KENNETH COLE PRODUCTIONS

The California Supreme Court decided earlier this year, in Murphy v. Kenneth Cole Productions, that the one-hour premium employees receive for violation of meal break or rest period laws is a wage and not a penalty. Because the statute of limitations for unpaid wages...

OFFICE ROMANCES AND THE RISK OF LIABILITY

A recent study revealed that at least seventy percent of employees will date someone at work at least once during their careers. In fact, nearly one-half of all married couples met each other in the workplace. In light of these statistics, employers cannot ignore the...

TITLE III OF THE ADA: COMPLIANCE AND LITIGATION STRATEGIES

It has been 17 years since the first President Bush signed into law the Americans with Disabilities Act (“ADA”). Congress’s intent in passing the ADA was to eliminate discrimination against millions of Americans with disabilities by establishing...

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