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Articles by James E. Hall, Mark T. Kobata and Marty Denis

Court Rejects Choice of Law in Driver Agreements

March 8, 2012
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Because states have varying rules regarding whether a person is an independent contractor or an employee, employers should be cautious when making that designation.
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FLSA Protects Complaints About Work Conditions

March 8, 2012
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Because of the court's trend in expanding protection against retaliation, employers need to be cautious when disciplining employees who have made complaints about FLSA violations.
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Arbitration Pact Barring Class Lawsuits Violates NLRA

February 13, 2012
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In a Jan. 3 decision, the NLRB ruled that "employers may not compel employees to waive their National Labor Relations Act right to collectively pursue litigation of employment claims in all forums, arbitral and judicial."
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State Law Favored Over Feds in Overtime Case

February 13, 2012
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When involved in overtime claims based in state law, employers must initially review applicable state statutes and regulations before relying on federal tests, especially when in California.
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Nurse's Wrongful Termination Based on Facebook Post May Proceed, District Court Rules

January 19, 2012
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An employee's complaints about working conditions, even where made public such as on a Facebook post, may be protected by state law and form the grounds for wrongful discharge.
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No First Amendment Right to Display Religious Posters in Classroom

December 6, 2011
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Speech made by government employees who are acting in their government capacity is not protected under the First Amendment.
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Cable Company Isn't Employer of Installers

December 6, 2011
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Employers are advised to consider carefully whether an 'employment relationship' could arise with employees of its contractors. Significant liability could arise in the event of such a finding.
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Employee Facebook Complaints Protected by NLRA

November 3, 2011
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The NLRB has received an increasing number of charges related to social media in the past year, but this is the first case involving Facebook that resulted in an administrative law judge's decision after a hearing.
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