California Labor & Employment Law Update - December 2005

Supreme Court

• First Roberts Court Decision Affirms ‘Continuous Workday’ Rule Under FLSA, But Rejects Employee Claim For Waiting Time Pay
• Supreme Court Rules On Burden Of Persuasion In Education Cases

Federal Courts
Title VII

• Ninth Circuit Affirms Summary Judgment For Employer On Sexual Harassment Claim Because Employee Failed To Take Advantage Of Corrective Opportunities

California Courts
FEHA

• Supervisor Can Be Held Personally Liable For Retaliation Under The FEHA
• The Interactive Process Required Under The FEHA Can, In Certain Circumstances, Be Between The Employer And The Employee’s Attorney

Wage & Hour

• Labor Code Does Not Prevent Employer From Indemnifying Employees For Automobile Expenses By Paying Increased Salary And Commissions

Legislative Updates
Federal Developments

• EEO-1 Report Gets A Face Lift
• The DOL Provides Guidance On Several FLSA Issues
• Labor Department Office Of Labor-Management Standards Offers Incentives To Employers Filing LM-10 Disclosure Forms For The First Time
• IRS Announces Cost-Of-Living Adjustments For Retirement Plans

California Updates

• Voters Rejected All Eight Measures In November Special Election