Industry News 1/15/2009

Sheppard Mullin on Labor & Employment

Sheppard Mullin on Labor & Employment

Court Of Appeal Loosens Requirements Of Ascertainability And Common Interest For Class Certification

In Ghazaryan v. Diva Limousine, the California Court of Appeal reversed a trial court's denial of a class certification motion in a wage and hour class action. The Court of appeal ordered the trial court to certify two subclasses.

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New York WARN Act Goes Into Effect On February 1, 2009

Beginning on February 1, 2009, New York employers will not only have to make sure that they are in compliance with the Federal Worker Adjustment and Retraining Notification Act (“Federal WARN Act”), but they will also have to make sure that they are in compliance with New York’s Worker Adjustment and Retraining Notification Act (“NY WARN Act”).

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Department Of Labor Issues New FMLA Poster And Forms For Employer Use

The Department of Labor has released a new poster that reflects recent amendments to the Family and Medical Leave Act ("FMLA"). As part of the FMLA, employers are required to post in a conspicuous place a notice explaining the Act's provisions. The new poster reflects changes that were made to the FMLA in the Department of Labor's recently published "Final Regulations," which take effect on January 16, 2009. Among other changes, the new poster contains a description of the requirements for military family leave. Previously, employers were required to post separate notices regarding military family leave and the FMLA.

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