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Kathleen Bray In an unpublished opinion, the Minnesota Court of Appeals found no problem with the termination of an employee as a result of misconduct when the employer was actually deemed more credible than the employee, and the employee had failed to report ext... more...
 

Kathleen Bray A recent 8th Circuit case involving a Missouri bus driver gave the Court an opportunity to discuss hostile work environment claims under Section 1981 as well as Title VII. In this matter, the employee had been subjected to foul language by a number ... more...
 

Susan Woodhouse By:  William Hays Weissman In Wells v. Commissioner1 the United States Tax Court reiterated that emotional distress manifested in the form of depression suffered as a result of alleged employment-related retaliation was not exempt from taxa... more...
 

Susan Woodhouse By:  Paul D. Weiner        Aaron D. Crews On August 14, 2009, the California Judicial Council formally amended California Rule of Court 3.724, thereby requiring California litigants to meet and confer regardin... more...
 

Don Phin The U.S. Court of Appeals for the Fifth Circuit has ruled that if an employer terminates an employee based on a good faith, reasonable belief that an employee engaged in misconduct, which might later prove to be a mistaken belief, this mistake does n... more...
 

Kathleen Bray The administrative exemption for overtime relates to employees who perform non-manual work that is directly related to the management or general business operations of the company.  Of course to qualify, an employee must be salaried and exercise... more...
 

Kathleen Bray A former Starbucks’ employee sued concerning how their tips were distributed.  Starbucks’ procedure was to tally weekly the amounts in the tip jars and then divide the money to every service employee who had worked during the week ba... more...
 

Kathleen Bray BE CAREFUL WITH JOB ADVERTISING:  A recent 7th Circuit case (Wisconsin is in the 7th Circuit) is a good reminder that one should not include requirements that are not needed to perform the job in job descriptions or advertisings for job openings... more...
 

Kathleen Bray A sales representative of Softchoice was promoted to the position of branch manager.  His promotion was announced and thereafter he was sent a letter, which contained a non-solicitation agreement with a specific statement that the job offer was ... more...
 

Susan Woodhouse By: Julie A. Dunne The California Supreme Court has held in Costco Wholesale Corporation v. Superior Court of Los Angeles County, No. S163335 (Nov. 30, 2009) that communications between an outside counsel and his/her corporate client, providing ad... more...
 


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