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
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
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
On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a...more