February 10 Labor & Employment Law Update

Written by: Crystal M. O'Brien, Esq.

California Update: Can An Employer Limit Wage & Hour Claim Liability By EE Contracts?

California has a long-standing policy regarding certain workplace rules.  One is limiting, by private agreements, the time period for which employees may exercise legal rights to bring claims that are protected by statute.  Thus the stage is set for Pellegrino v. Robert Half Intnl, Inc. In Pellegrino sales people for the temporary employee giant were held accountable for requiring sales people to limit the time period they could bring to assert wage and hour violations to a six-month window, among other claims raised by several employees.  Specifically, the Court of Appeal held that employment agreements such as these are unenforceable because they go against policies reflected in state laws and enforcement schemes and may not be altered through private agreements.  The lesson gleaned from this case is creativity has its place, but not necessarily where workplace rights are involved.  Employers should always look to the guidance of attorneys with labor and employment law specific expertise when addressing workplace issues. 

To read this case in detail, click here.  

Federal Update: EEOC Leads The Way To End Age-Discriminatory “Sunset” Policies

In EEOC v. Kelley Drye & Warren, a New York-based international law firm, is under scrutiny due to a policy requiring partners of the firm to give up their ownership interests at age 70 and work for the promise of an annual bonus which is contingent on the firm’s discretionary generosity.  Sound unfair?  Stay tuned for the federal district court’s ruling.  In the mean time, this case brings to light the recent flux of age discrimination cases being filed with the EEOC.  Specifically, last year resulted in the EEOC receiving 22,778 age-discrimination charge filings, the second highest level ever, accounting for 24% of the EEOC’s private sector caseload. 

To read more, click here.  

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