The U.S. Supreme Court now has a greater incentive to resolve the issue of whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation....more
3/1/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Protected Class ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
In yet another blow to Obama-era Department of Labor (DOL) precedent, the DOL recently eliminated its six-part test for determining whether interns can be deemed employees for purposes of the Fair Labor Standards Act (FLSA),...more
1/10/2018
/ Class Action ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fox Searchlight Pictures ,
Hiring & Firing ,
Internships ,
Misclassification ,
Primary Beneficiary Test ,
Unpaid Interns ,
Wage and Hour
Employers should take note of a recent ruling by the U.S. Court of Appeals for the Third Circuit in a case involving the arbitration clause in an independent contractor agreement....more
California continues to forge a trail for gender identity protections in the United States. On July 1, 2017, the Fair Employment and Housing Council enacted new regulations addressing transgender issues that broaden the scope...more
7/25/2017
/ Discrimination ,
Dress Codes ,
Employee Restrooms ,
Employment Policies ,
Equal Access ,
FEHA ,
Gender Discrimination ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sexual Orientation Discrimination ,
Transgender
The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more
7/24/2017
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Disability ,
Discrimination ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Reasonable Accommodation