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Ninth Circuit clarifies when commuting time and work performed before and after a shift are compensable

USA - September 9 2009 In Rutti v. LoJack, the U.S. Court of Appeal for the Ninth Circuit held that employees are not entitled to pay for time spent driving to and from home to work under both California and Federal law....


DLSE issues new opinion letter permitting employers to reduce work schedules and salaries of exempt employees

USA - September 9 2009 The California Department of Labor Standards Enforcement (DLSE) recently issued an important opinion letter permitting an employer to reduce the work schedules of its exempt employees, accompanied by a reduction in the exempt employees' salaries, without violating the salary basis test for overtime exemption under California law....


Ninth Circuit defines scope of protection for whistleblowers under Sarbanes-Oxley Act

USA - September 9 2009 In Van Asdale v. International Game Technology, the U.S. Court of Appeal for the Ninth Circuit issued its first decision defining the scope of protected conduct under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002 ("SOX")....


Failure to give proper notice to terminated employees and rejected job applicants based on background checks result in FCRA penalties

USA - September 9 2009 In two separate actions filed in federal district courts in Washington and Colorado, the Federal Trade Commission (FTC) alleged that Quality Terminal Services and Rail Terminal Services contracted with a consumer reporting agency to conduct background checks, including criminal histories, on employees and job applicants, and made hiring and firing decisions based on those background checks....


Jury finds employer accessed "private" MySpace.com group page in violation of the Federal Stored Communications Act

USA - September 9 2009 In Pietrylo v. Hillstone Restaurant Group, a server at a Houston's restaurant in New Jersey created a MySpace.com group whose purpose was to let current and former employees "vent" about their experience while working at the restaurant....