The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
Employment Law
US Supreme Court OK’s Public Employer’s Search of Employee Text Messages
January 12, 2011 by
Beeson Tayer & Bodine
The U.S. Constitution’s Fourth Amendment guarantees a person’s privacy from arbitrary and invasive governmental acts, such as unreasonable searches and seizures. This protection also applies when the government acts in its capacity as an employer…. Read More
Wage And Hour Update
Pineda v. Bank of America (2010) 50 Cal.4th 1389. Labor Code section 203 imposes a daily penalty on employers who fail to pay all wages owed immediately upon termination. In Pineda, the California Supreme Court… Read More
Bankrupt Employer’s Managers Liable for FLSA Claims
July 12, 2009 by
Beeson Tayer & Bodine
The Ninth Circuit Court of Appeals has ruled that employees shorted by bankrupt employers may pursue their Fair Labor Standards Act (FLSA) claims against the employer’s managers. Boucher v. Shaw, __ F.3d __ (7/27/09). In… Read More
California Courts Address Tip Pooling Issues
Tip pools are an increasingly common source of litigation in California. Labor Code section 351 provides that tips are the sole property of the person to whom they are given, and that the employer and… Read More
Court Grants Harassment Complaints Broad Protection
The U.S. Supreme Court has ruled that Title VII provides protection for employees who speak out about harassment in response to the employer’s internal investigation. Crawford v. Metro. Gov’t of Nashville & Davidson County (2009)…. Read More
Court Restores Promise of Whistleblower Act for State Employees
The California Supreme Court has issued a decision removing roadblocks to whistleblower suits brought by state employees. State Board of Chiropractic Examiners v. Sup. Ct., (2009) 45 Cal.4th 963. The Court held that state employees… Read More
Discarded Tests Subject to Tougher Reverse Discrimination Standard
In a closely divided opinion issued in June, the U.S. Supreme Court shifted its longstanding standard for the proof required to prove disparate impact under Title VII. Ricci v. DeStefano (2009). The Court held that… Read More
DOL Issues New FMLA Regulations
Revisions to the Department of Labor’s regulations for the Family Medical Leave Act (“FMLA”) took effect January 16, 2009. The revisions apply only to the FMLA and not the related California law, California Family Rights… Read More
First $2,400 of Unemployment Benefits Tax Free for 2009
Under the American Recovery and Reinvestment Act, enacted in February, every person who receives unemployment benefits during 2009 is eligible to exclude the first $2,400 of these benefits when they file their tax return next… Read More
Ledbetter Fair Pay Act Makes Filing Pay Discrimination Claims Easier
In late January President Obama signed into law the Lilly Ledbetter Fair Pay Act. The Fair Pay Act overturns the U.S. Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire. The Fair Pay Act applies… Read More
US Supreme Court OK’s Public Employer’s Search of Employee Text Messages
January 12, 2011 by Beeson Tayer & Bodine
The U.S. Constitution’s Fourth Amendment guarantees a person’s privacy from arbitrary and invasive governmental acts, such as unreasonable searches and seizures. This protection also applies when the government acts in its capacity as an employer…. Read More
Wage And Hour Update
Pineda v. Bank of America (2010) 50 Cal.4th 1389. Labor Code section 203 imposes a daily penalty on employers who fail to pay all wages owed immediately upon termination. In Pineda, the California Supreme Court… Read More
Bankrupt Employer’s Managers Liable for FLSA Claims
July 12, 2009 by Beeson Tayer & Bodine
The Ninth Circuit Court of Appeals has ruled that employees shorted by bankrupt employers may pursue their Fair Labor Standards Act (FLSA) claims against the employer’s managers. Boucher v. Shaw, __ F.3d __ (7/27/09). In… Read More
California Courts Address Tip Pooling Issues
Tip pools are an increasingly common source of litigation in California. Labor Code section 351 provides that tips are the sole property of the person to whom they are given, and that the employer and… Read More
Court Grants Harassment Complaints Broad Protection
The U.S. Supreme Court has ruled that Title VII provides protection for employees who speak out about harassment in response to the employer’s internal investigation. Crawford v. Metro. Gov’t of Nashville & Davidson County (2009)…. Read More
Court Restores Promise of Whistleblower Act for State Employees
The California Supreme Court has issued a decision removing roadblocks to whistleblower suits brought by state employees. State Board of Chiropractic Examiners v. Sup. Ct., (2009) 45 Cal.4th 963. The Court held that state employees… Read More
Discarded Tests Subject to Tougher Reverse Discrimination Standard
In a closely divided opinion issued in June, the U.S. Supreme Court shifted its longstanding standard for the proof required to prove disparate impact under Title VII. Ricci v. DeStefano (2009). The Court held that… Read More
DOL Issues New FMLA Regulations
Revisions to the Department of Labor’s regulations for the Family Medical Leave Act (“FMLA”) took effect January 16, 2009. The revisions apply only to the FMLA and not the related California law, California Family Rights… Read More
First $2,400 of Unemployment Benefits Tax Free for 2009
Under the American Recovery and Reinvestment Act, enacted in February, every person who receives unemployment benefits during 2009 is eligible to exclude the first $2,400 of these benefits when they file their tax return next… Read More
Ledbetter Fair Pay Act Makes Filing Pay Discrimination Claims Easier
In late January President Obama signed into law the Lilly Ledbetter Fair Pay Act. The Fair Pay Act overturns the U.S. Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire. The Fair Pay Act applies… Read More
