California’s Equal Restroom Access Act, which requires some establishments with single-occupancy restrooms to display signs indicating that the restroom is gender-neutral, has been in effect since March 1, 2017. Assembly Bill...more
On July 19, 2017, the Supreme Court of the United States released the October 2017 term’s calendar for oral arguments, including the date it will hear oral argument in the three consolidated class action waiver cases that are...more
On June 28, 2017, the White House announced that President Trump had selected Janet L. Dhillon to be chair of the U.S. Equal Employment Opportunity Commission (EEOC). Dhillon, who is currently the general counsel of a...more
The U.S. Department of Labor (DOL) moved one step closer to undoing President Obama's permanently enjoined “persuader activity” regulation when, on June 12, the agency issued a notice of proposed rulemaking (NPRM) for reverse...more
6/29/2017
/ Attorney-Client Privilege ,
Comment Period ,
Corporate Counsel ,
Department of Labor (DOL) ,
LMRDA ,
NLRB ,
NPRM ,
Obama Administration ,
Permanent Injunctions ,
Persuader Rules ,
Protected Concerted Activity ,
Rulemaking Process ,
Taft-Hartley Act ,
Unions
On June 16, 2017, Ogletree Deakins filed an amicus brief in the class action waiver cases that are currently before the Supreme Court of the United States: National Labor Relations Board v. Murphy Oil USA, Inc., Epic Systems...more
6/19/2017
/ Amicus Briefs ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
D.R. Horton v NLRB ,
Employment Contract ,
Epic Systems Corp v Lewis ,
Ernst & Young v Morris ,
Federal Arbitration Act ,
Murphy Oil v NLRB ,
NLRA ,
SCOTUS
On May 30, 2017, the Supreme Court of the United States held that section 56 of the Federal Employers’ Liability Act (FELA) does not address personal jurisdiction over railroads. The two underlying lawsuits were filed in...more
On April 7, 2016, the U.S. Senate confirmed the nomination of Neil M. Gorsuch to fill the vacant seat on the Supreme Court of the United States. Gorsuch’s nomination establishes a 5-4 conservative majority on the high court,...more
On April 6, 2017, Senate Republicans invoked the nuclear option - clearing the road for the confirmation of Supreme Court nominee Neil M. Gorsuch. As a result, Gorsuch’s nomination to the Supreme Court of the United States is...more
The California Division of Occupational Safety & Health Standards Board recently passed a new safety order intended to protect healthcare workers from workplace violence. The new safety order, which the California Office of...more
San Francisco’s Paid Parental Leave Ordinance (PPLO) became effective on January 1, 2017, for employers with 50 or more employees. Effective July 1, 2017, the PPLO also applies to employers with 35 or more employees and, on...more
On March 13, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced that five of its offices have launched a new system to make the charge-filing process easier. The new Online Inquiry and Appointment System...more
In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers to excuse an employee’s misconduct...more
The Office of Federal Contract Compliance Programs (OFCCP) recently updated the pay transparency provision that employers covered by Executive Order (EO) 11246, “Equal Employment Opportunity,” must post and include in their...more
Within less than 24 hours following the withdrawal of Andrew Puzder, President Trump’s first choice to fill the position of Secretary of Labor, the president announced at a press conference on Thursday, February 16 that his...more
Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and...more
Super Bowl 51 is just around the corner, and many of your employees probably already have football fever. According to a January 2016 study conducted by the Workforce Institute at Kronos, 77 percent of American workers...more
Since the death of Associate Justice Antonin Scalia of the Supreme Court of the United States, the political world has been waiting—through a failed nomination of a successor, a presidential campaign and election, and the...more
On January 25, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced that President Trump has appointed Victoria Lipnic to serve as the acting chair of the federal agency. Lipnic will take over for Jenny...more
There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration. While we wait to see if and how the Trump administration will address...more
In January of 2016, the Santa Monica City Council adopted an ordinance that would both raise the city’s minimum wage and impose paid sick leave requirements—in addition to those imposed by the state’s paid sick leave...more
On December 22, 2016, the Supreme Court of California ruled that California law prohibits on-duty and on-call rest periods. According to the court, “[d]uring required rest periods, employers must relieve their employees of...more
On October 27, 2016, the New York City Council passed legislation that would establish protections for freelance workers. “Establishing protections for freelance workers” (Int 1017-2015) protects independent contractors’...more
On November 16, 2016, the U.S. District Court for the Northern District of Texas (Lubbock Division) converted its injunction preventing implementation of the U.S. Department of Labor’s revised persuader rule on a national...more
On Tuesday, November 8, 2016, voters in nine states with marijuana-related measures on their ballots made their voices heard. California, Maine, Massachusetts, and Nevada voters approved recreational adult-use marijuana...more
The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more