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Showing 2 posts by Neil Eddington.

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A Definitive Approach to Analyzing Whistleblower Retaliation Cases

With an assist from the California Supreme Court, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has identified the correct evidentiary standard to be used when evaluating whistleblower retaliation cases. Consistent with clarification recently provided by the high court in the Golden State, the Ninth Circuit ruled that the test set forth in California Labor Code §1102.6—one that is more favorable to employees—is the benchmark courts should use to analyze state whistleblower retaliation claims. (Read More)

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Wage And Hour Audits: A Preparedness Primer for Employers

Being an employer is no easy feat. Between the imposition of business regulations at the local, state and federal levels, legal obligations that differ from state-to-state, and ever-changing demands of employees and customers alike, the job of an employer is a challenge, to say the least.

Federal and state wage and hour laws are an area particularly rife with potential pitfalls for employers. These rules vary by jurisdiction, but typically provide employees the legal right to compensation if their employers fail to pay the minimum wage or overtime earnings, require work to be conducted “off the clock,” overlook meal and/or rest breaks during the workday, or misclassify employees as independent contractors or as being otherwise exempt from wage and hour requirements. (Read More)