Alan Brunswick

Alan Brunswick

Manatt, Phelps & Phillips, LLP

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Latest Publications


Employment Law - January 2016 #2

EU Permits Employers to Monitor Private Employee Communications - Why it matters - In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more

1/28/2016 - ADA EEOC Employee Privacy Rights EU National Origin Discrimination Paid Leave Preliminary Injunctions SEC Surveillance Termination Third-Party Wellness Programs Whistleblower Awards Whistleblowers

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

1/18/2016 - Actual Injuries ADEA Age Discrimination Caregivers Disparate Impact EEOC FMLA Hiring & Firing Hostile Environment Human Rights Independent Contractors Job Applicants Labor Law Violations Misclassification PAGA Race Discrimination Successor Liability Title VII Transgender Uber Wage and Hour

Employment Law - December 2015

NLRB Goes One Step Further, Holds Optional Waiver of Class Action Arbitrations Illegal - Why it matters - Reiterating its stance against arbitration agreements that prohibit class or collective actions, a panel of...more

12/14/2015 - Class Action Arbitration Waivers Disability Discrimination Dodd-Frank EEOC Enforcement Actions IBM NLRB Reasonable Accommodation Rest and Meal Break SEC Wage and Hour Whistleblowers

Employment Law - November 2015 #2

California Supreme Court to Consider "Day of Rest" Law: Why it matters - The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more

11/30/2015 - Apple Breastfeeding CA Supreme Court FEHA FLSA Governor Cuomo Marriott Minimum Wage Nordstrom Inc. Pregnancy Discrimination Retaliation Title VII Wage and Hour Whistleblower Protection Policies Wrongful Termination

Employment Law - November 2015

Following California, New York Toughens Equal Pay Law - Why it matters: Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more

11/13/2015 - Age Discrimination Class Action Arbitration Waivers EEOC Equal Pay GINA Governor Cuomo Mach Mining v EEOC Motion to Compel NLRA NLRB Protected Concerted Activity SCOTUS Social Media Termination Wellness Programs

Employment Law - August 2015 #2

The Customer Isn't Always Right—Especially When He Harasses Employees: Why it matters - Providing an important reminder about the potential for liability from customers, a new lawsuit was filed against a supermarket...more

8/21/2015 - Administrative Appeals Age Discrimination Arbitration Agreements DHS Employee Transfers Employment Discrimination Form I-129 H-1B NLRA NLRB Section 7 Sexual Harassment USCIS

Employment Law - June 2015 #2

Joint Employers Can Be Liable for Employee Misclassification in California: Why it matters - Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more

6/29/2015 - Civil Monetary Penalty Class Action Discrimination DOL Earned Sick Time EEOC Employer Liability Issues FLSA FMLA Hostile Environment Independent Contractors Joint and Several Liability Joint Employers Minimum Wage Misclassification OSHA PAGA Paid Leave SCOTUS Sexual Orientation Sexual Orientation Discrimination Sick Leave Transgender Tyson Foods Wage and Hour

Employment Law - June 2015

Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules - Why it matters: In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more

6/15/2015 - Abercrombie & Fitch Class Action Disability EEOC EEOC v Abercrombie Employer Liability Issues FEHA Health Care Providers Hiring & Firing Litigation Strategies Mootness On-Call Employees On-Duty Meal Period Waivers Religious Accommodation Religious Discrimination Rest and Meal Break SCOTUS Security Guards Settlement TCPA Text Messages Texting Title VII Wage and Hour

Employment Law - May 2015 #2

Coming Soon to an In-Box Near You: An EEOC Charge - Why it matters: Employers, take note: the Equal Employment Opportunity Commission (EEOC) has initiated the rollout of its electronic complaint program, the first...more

5/28/2015 - ACT Digital EEOC Employee Tracking Employer Liability Issues Fast-Food Industry FEHA Minimum Wage Non-Compete Agreements OSHA Smartphones Wage and Hour Workplace Hazards Workplace Safety

Employment Law - May 2015

U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process - Why it matters: The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more

5/14/2015 - Class Action Conciliation Dress Codes EEOC FLSA Harassment Internal Reporting Mach Mining v EEOC NLRB Rest and Meal Break SCOTUS Security Checks Title VII Wage and Hour

Employment Law - April 2015 #2

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 - ADA Discrimination EEOC FCRA Gender Discrimination H-1B Hiring & Firing LinkedIn Social Media Telecommuting Transgender USCIS Visas

Employment Law - April 2015

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 - ADA Confidentiality Agreements Dodd-Frank Facebook NLRA NLRB Obscenity Pregnancy Discrimination Protected Concerted Activity Reasonable Accommodation SCOTUS SEC Union Related-Speech Whistleblowers Young v United Parcel Service

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

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