LinkedIn Search Doesn’t Implicate FCRA, California Court Rules -
Why it matters:
Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more
4/30/2015
/ Americans with Disabilities Act (ADA) ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Gender Discrimination ,
H-1B ,
Hiring & Firing ,
LinkedIn ,
Social Media ,
Telecommuting ,
Transgender ,
USCIS ,
Visas
To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees -
Why it matters:
The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more
4/21/2015
/ Americans with Disabilities Act (ADA) ,
Confidentiality Agreements ,
Dodd-Frank ,
Facebook ,
NLRA ,
NLRB ,
Obscenity ,
Pregnancy Discrimination ,
Protected Concerted Activity ,
Reasonable Accommodation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Union Related-Speech ,
Whistleblowers ,
Young v United Parcel Service
California Legislation to Consider: Protections for Unpaid Interns and Volunteers -
Why it matters:
In this issue of the newsletter, the focus of our review of new California laws shifts from leaves of absence...more
California Legislation to Consider: Mandatory Paid Sick Leave -
Why it matters:
Employers in California face a host of new laws set to take effect in the coming months. In the next few issues of the newsletter, we...more
3/5/2015
No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands -
Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more
2/5/2015
/ ABC Test ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Definition ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Iskanian v CLS Transportation ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
SCOTUS ,
Sick Leave
U.S. Supreme Court: Security Screenings Not Compensable -
Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more
1/26/2015
/ Amazon ,
Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Integrity Staffing v Busk ,
Internet Retailers ,
NLRB ,
On-Call Employees ,
Reasonable Accommodation ,
Rest and Meal Break ,
Retailers ,
SCOTUS ,
Security Checks ,
Wage and Hour
California Jury Awards Record $185M Verdict to Female Employee -
Why it matters: A California jury made national headlines and terrified employers across the country when it awarded $185 million in punitive damages...more
EEOC’s Wellness Challenge Feeling Under the Weather -
Why it matters: The Equal Employment Opportunity Commission’s (EEOC) efforts to challenge employer wellness programs hit a snag when a federal court judge in...more
12/1/2014
/ Americans with Disabilities Act (ADA) ,
Arbitration ,
Class Action Arbitration Waivers ,
Conde Nast ,
D.R. Horton v NLRB ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
GINA ,
Honeywell International ,
Iskanian ,
Murphy Oil USA ,
Ralphs ,
Unpaid Interns ,
Wellness Programs
State Voters Pass Paid Sick Leave, Wage Increases -
Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more
11/21/2014
/ Arbitration ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Halliburton ,
Independent Contractors ,
Iskanian ,
Minimum Wage ,
NLRB ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Sick Leave ,
Social Media ,
Trucking Industry ,
Wage and Hour ,
Wellness Programs
DOL Grants Could Signal More Misclassification Actions -
Why it matters: Employers have faced a tidal wave of litigation over the alleged misclassification of employees as independent contractors, with workers ranging...more
10/30/2014
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Class Action ,
Class Action Arbitration Waivers ,
Delivery Drivers ,
Department of Labor (DOL) ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FedEx ,
FEHA ,
Medical Examinations ,
Misclassification ,
NFL ,
Strategic Enforcement Plan
EEOC Sues Over Transgender Discrimination -
Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more
10/20/2014
/ Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
IRS ,
NLRB ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Social Media Policy ,
Title VII ,
Transgender ,
Unpaid Interns ,
Wage and Hour
The Need to Correctly Classify Employees -
Why it matters: Providing a $1.25 million lesson in the importance of correctly classifying employees, the Oakland Raiders settled a lawsuit brought by the team’s cheerleading...more
California Enacts Paid Sick Leave -
Why it matters: Employers in California must now provide three paid sick days per year for workers, pursuant to a new law going into effect on July 1, 2015. The controversial...more
9/19/2014
/ Ban the Box ,
Cell Phones ,
Criminal Background Checks ,
Employer Liability Issues ,
FedEx ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Misclassification ,
New Legislation ,
NLRB ,
Paid Leave ,
Reimbursements ,
Same-Sex Marriage ,
Sick Leave
California Supreme Court Weighs In On Commission Wages -
Why it matters: Employers in California that pay commission wages should familiarize themselves with a new decision from the California Supreme Court limiting...more
High Court’s Fall Docket Includes Major Employment Issues -
Why it matters: While the 2013-2014 U.S. Supreme Court term may be over, the justices have granted certiorari in two major employment cases slated for the...more
7/24/2014
/ Americans with Disabilities Act (ADA) ,
Certiorari ,
Disability ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Mining ,
NLRA ,
NLRB
Recess Is Over: Supreme Court Strikes NLRB Appointments -
Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more
7/10/2014
/ Americans with Disabilities Act (ADA) ,
Canning v NLRB ,
Disability ,
Disability Discrimination ,
Employee Benefits ,
Employer Liability Issues ,
Facebook ,
LGBTQ ,
NLRA ,
NLRB ,
Recess Appointments ,
Same-Sex Marriage ,
SCOTUS
Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transportation Los Angeles, Inc. The Court upheld the general enforceability of class waivers in mandatory employment arbitration...more
Appellate Court Tosses Employee’s Seating Suit -
Why it matters: An employer won a rare victory in a suitable seating case when a California appellate court affirmed summary judgment in a suit brought by a sample...more
California Supreme Court Strikes Down $15 Million Employee Class Action Win and Orders Decertification in Duran V. U.S. Bank Nat’l Ass’n -
Why it matters: On May 29, 2014, the California Supreme Court unanimously...more
6/3/2014
/ Arbitration Agreements ,
Banks ,
Class Action ,
Class Certification ,
Confidentiality Agreements ,
Corporate Officers ,
Decertify ,
Employee Rights ,
Exempt-Employees ,
Family and Medical Leave Act (FMLA) ,
Restrictive Covenants ,
Technology ,
US Bank National Association
Telecommuting May Constitute A Reasonable Accommodation Under The ADA -
Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more
5/15/2014
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Apple ,
Arbitration ,
eBay ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Google ,
Hiring & Firing ,
Intel ,
Intuit ,
Pixar ,
Reasonable Accommodation ,
Telecommuting
California Employers Face Rise In PAGA Suits -
Why it matters: California employers are facing a proliferation of suits filed under the State’s Private Attorney General Act (PAGA): new data reveals that the number of...more
Second Circuit: Inability to Sit for Long Periods Can Trigger ADA Coverage -
Why it matters: Can an employee’s inability to sit for a prolonged period of time constitute a disability under the Americans with...more
PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit -
Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth...more
Time To Review Severance Agreements -
Why it matters: The Equal Employment Opportunity Commission filed a complaint against CVS Pharmacy last week. The Illinois federal court suit claims the national chain violated...more
EEOC Stats on Enforcement and Litigation, Plus BOL Reports on Union Numbers -
Why it matters: What was the most common type of discrimination charge filed with the Equal Employment Opportunity Commission in fiscal year...more