Alan Brunswick

Alan Brunswick

Manatt, Phelps & Phillips, LLP

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Latest Publications


Employment Law - March 2015 #2

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

3/20/2015 - Background Checks DOL Driver's Licenses EEOC FMLA Pending Legislation Same-Sex Marriage Undocumented Immigrants Unpaid Interns

Employment Law - March 2015

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


Employment Law - February 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 FMLA Independent Contractors Iskanian v CLS Transportation PAGA Paid Leave Reasonable Accommodation SCOTUS Sick Leave

Employment Law - January 2015

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 - ADA Amazon Employer Liability Issues FEHA FLSA FMLA Integrity Staffing v Busk Internet Retailers NLRB On-Call Employees Reasonable Accommodation Rest and Meal Break Retailers SCOTUS Security Checks Wage and Hour

Employment Law - December 2014

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

12/10/2014 - Discrimination Gender Discrimination Hiring & Firing Jury Awards Jury Verdicts Pregnancy Discrimination Punitive Damages

Employment Law - November 2014 #2

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 - ADA Arbitration Class Action Arbitration Waivers Conde Nast D.R. Horton v NLRB EEOC Employer Liability Issues FLSA GINA Honeywell International Iskanian Murphy Oil USA Ralphs Unpaid Interns Wellness Programs

Employment Law - November 2014

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 DOL EEOC Employer Liability Issues Enforcement Actions Facebook Halliburton HHS Independent Contractors Iskanian Minimum Wage NLRB PAGA Paid Leave Sick Leave Social Media Trucking Industry Wage and Hour Wellness Programs

Employment Law - Oct 2014 #3

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 Discrimination DOL EEOC Employer Liability Issues FedEx FEHA Medical Examinations Misclassification NFL Strategic Enforcement Plan

Employment Law - Oct 2014 #2

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 EEOC Employer Liability Issues IRS NLRB Reasonable Accommodation Religious Discrimination SCOTUS Social Media Policy Title VII Transgender Unpaid Interns Wage and Hour

Employment Law - Oct 2014

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

10/2/2014 - Employer Liability Issues FMLA Football Job Descriptions Misclassification New Legislation Oakland Raiders Training Unpaid Overtime Wage and Hour Workplace Bullying

Employment Law: Sep 2014

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

Employment Law: August 2014

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

8/7/2014 - ADA Disability EEOC Employee Rights Pregnancy Pregnancy Discrimination Sales Commissions Wage and Hour Wages

Employment Law - July 2014 #2

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 - ADA Certiorari Disability Disability Discrimination EEOC Employee Rights Employer Liability Issues FEHA Mining NLRA NLRB

Employment Law - July 2014

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 - ADA Canning v NLRB Disability Disability Discrimination Employee Benefits Employer Liability Issues Facebook LGBT NLRA NLRB Recess Appointments Same-Sex Marriage SCOTUS

NEWS ALERT: California Supreme Court Issues Mixed Bag Decision Re: Class and Representative Waivers in Employment Arbitration...

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

6/24/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Gentry Iskanian

Employment Law - June 2014

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

6/11/2014 - Class Action Employee Rights Employer Liability Issues Minimum Wage NLRB OSHA Seating Wage and Hour Wages

Employment Law - June 2014

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 Decertify Employee Rights Exempt-Employees FMLA Officers Restrictive Covenants Technology U.S. Bank National Association

Employment Law - May 2014

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 - ADA Appeals Apple Arbitration eBay EEOC Employer Liability Issues Google Hiring & Firing Intel Intuit Pixar Reasonable Accommodation Telecommuting

Employment Law

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

4/30/2014 - Arbitration Class Action Class Action Arbitration Waivers Employee Rights Employer Liability Issues FMLA NLRA NLRB PAGA

Employment Law

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

4/17/2014 - ADA ADEA Arbitration Agreements EEOC Employment Policies Harassment Retirement Plan Title VII

Employment Law

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

4/2/2014 - CAFA Compliance EEOC FEHA PAGA Religion Religious Discrimination Social Media Workplace Attire

Employment Law - Mar 05, 2014

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

3/5/2014 - Corporate Counsel CVS Discrimination EEOC Hiring & Firing Sarbanes-Oxley Severance Agreements Termination Title VII

Employment Law - Feb 20, 2014

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

2/20/2014 - DOL EEOC Employee Rights Employer Liability Issues Federal Contractors Minimum Wage Retaliation Unions

Employment Law - Feb 06, 2014

The More Things Change: U.S. Supreme Court Rules on “Changing Clothes” - Why it matters: In a unanimous decision – save for a single footnote – the U.S. Supreme Court held that the time spent donning and doffing...more

2/6/2014 - Collective Bargaining FLSA Protective Gear Sandifer v U.S. Steel Corp SCOTUS Unions Wage and Hour Workplace Attire

Employment Law -- Jan 22, 2014

EEOC Reports On FY 2013: Charges Down But Recovery Up - Why it matters: The Equal Employment Opportunity Commission touted several achievements in its Performance and Accountability Report for fiscal year 2013, from a...more

1/23/2014 - Affirmative Defenses ALJ EEOC First Amendment NLRA

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