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ASAP
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March 23, 2011

The U.S. Supreme Court Holds That Unwritten, Oral Complaints Are Protected Activity Under The FLSA's Anti-Retaliation Provision

The FLSA provides that an employer may not: discharge or in any other manner discriminate against any
ASAP
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March 18, 2011

Restaurant Owner Who Bartends May Not Share in Employee Bartenders' Tip Pool

Addressing an issue of first impression in the Fourth Circuit, a Maryland federal court has held that
ASAP
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March 14, 2011

Class Certification Denied for Security Guards' Rest Break and Wage Statement Claims

In the wave of class litigation flooding the courts in California claiming rest breaks were not permitted,
ASAP
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March 10, 2011

California Court of Appeal Finds Use of "Artificial" Workweek Impermissible

Pursuant to California law, a non-exempt employee is usually entitled to premium pay on the seventh day
ASAP
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March 8, 2011

Overtime Class Action May Go Forward Despite Arbitration Clause, District Court Rules

A recent decision by the U.S. District Court for the Southern District of New York illustrates the impact
ASAP
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March 3, 2011

Agreement to Include Overtime in Salary Trumps California Labor Code (Surprise)!

Carlos Arechiga may have been, as the trial court found, ecstatic when he was first told that he would
ASAP
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March 3, 2011

California Court of Appeal Holds That Insurance Adjusters Are Exempt-Thereby Limiting The Decision In Bell v. Farmers Insurance Exchange

Ten years ago, in Bell v. Farmers Insurance Exchange, 87 Cal. App. 4th 805 (2001), the California Court
ASAP
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March 1, 2011

California Supreme Court Holds Right to File Wage Claim with State Labor Commissioner Trumps Pre-Dispute Arbitration Provision

In the California Supreme Court opinion of Sonic-Calabasas A, Inc. v. Moreno, a 4-3 majority of the court
ASAP
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February 28, 2011

California Court of Appeal Deals Another Blow to Class Action Plaintiffs

The California Court of Appeal, Second District, affirmed yet another ruling in favor of employers in
Insight
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February 23, 2011

IRS Issues Guidance on Distinguishing Tips and Other Third-Party Incentive Payments

In Chief Counsel Advice (CCA) 2011060091 and 201106010,2 the Internal Revenue Service (IRS) determined

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