Andrea Brown

Andrea Brown

Orrick, Herrington & Sutcliffe LLP

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Splitting the Baby: SCOTUS Ruling in Pregnancy Discrimination Suit Calls For Review of Pregnancy Accommodations

On March 25, 2015, the U.S. Supreme Court issued a decision in Young v. United Parcel Service, Inc., holding that the Pregnancy Discrimination Act (PDA) requires courts to consider the extent to which an employer’s policy...more

4/6/2015 - ADA Disparate Treatment PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Title VII Young v United Parcel Service

IRS Announces That It Will No Longer Refund FICA Taxes on Severance Payments

The IRS recently announced that severance payments are taxable wages under FICA, and thus employers who seek tax refunds on those payments will be denied. The IRS’s position reflects the United States Supreme Court’s ruling...more

2/26/2015 - FICA Taxes Hiring & Firing IRS Quality Stores SCOTUS Severance Pay Termination

Medical Marijuana Cards: A New Scarlet Letter? First-of-its-Kind Lawsuit in Rhode Island Claims that Employer Discriminated on...

A Rhode Island graduate student has filed a lawsuit against a textile company, alleging that it discriminated against her because she used medical marijuana. The complaint, filed by the local ACLU chapter on behalf of...more

1/7/2015 - ACLU ADA Anti-Discrimination Policies Corporate Counsel Discrimination Employer Liability Issues Hiring & Firing Internships Marijuana Medical Marijuana

Including PAGA Representative Action Waivers in Arbitration Agreements Post-Iskanian

After the California Supreme Court’s recent decision in Iskanian v. CLS Transportation, which held that PAGA representative action waivers are unenforceable under California law, employers have struggled with whether to...more

10/29/2014 - Arbitration Arbitration Agreements Federal Arbitration Act Iskanian PAGA Trucking Industry

To Your Health: California Enacts Broad Sick Leave Law

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), making California only the second state to require paid sick leave. In a press release, the Governor’s...more

9/15/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

Perhaps Overdue, Pregnancy Discrimination Update Issued by the EEOC

Following up on our recent post regarding pregnancy discrimination developments, the Equal Employment Opportunity Commission issued the Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14, 2014. This...more

7/30/2014 - ADA Discrimination EEOC Employer Liability Issues Enforcement Guidance Pregnancy Discrimination Reasonable Accommodation

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

6/18/2014 - ADA Disability EEOC Employer Liability Issues Ford Motor Reasonable Accommodation Telecommuting

De Minimis Defense Closes Shop on Starbucks Barista’s Off-the-Clock Claim in the Central District of California

On March 7, 2014, Judge Feess of the Central District of California granted Defendant Starbucks’ motion for summary judgment on Plaintiff’s proposed class claims for unpaid wages under the California Labor Code. Plaintiff...more

3/26/2014 - Affirmative Defenses De Minimis Claims Starbucks Wage and Hour Wages

Post This! Private Employers Not Required to Display Pro-Union NLRB Posters

The National Labor Relations Board (“NLRB”) recently announced that it would not seek Supreme Court Review of two U.S. Court of Appeals decisions invalidating the NLRB’s Notice Posting Rule, which would have required most...more

1/15/2014 - Employee Rights NLRA NLRB Notice Requirements Posting Requirements Unions

Court is in Session: Three Employment Law Cases Before the Supreme Court to Watch This Term

The United States Supreme Court is now in session and three cases stand out on the docket that private employers will want to follow. While not the blockbusters heard during the Court’s last session, these cases will address...more

10/8/2013 - Canning v NLRB Collective Bargaining FLSA NLRB Recess Appointments Retaliation Sandifer v U.S. Steel Corp Sarbanes-Oxley SCOTUS Whistleblowers

You Can’t Get Paid for Sleeping on the Job

Employees who live in employer-provided housing as part of their job may not so easily claim wages for 24-hour periods of work under California’s Wage Orders, according to a recent opinion, Mendiola v. CPS Security Solutions,...more

7/23/2013 - Employee Housing Employer Liability Issues Full-Time Employees Rest and Meal Break Wage and Hour

“Picking Off” Plaintiffs in FLSA Collective Actions: Genesis HealthCare Corp. v. Symczyk

Earlier this month in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), the U.S. Supreme Court held that it is permissible for defendants to “pick off” plaintiffs in FLSA collective actions. In jurisdictions that...more

5/7/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 23 SCOTUS

Rule 23(b) or Not to Be: Wang v. Chinese News the Ninth Circuit’s Latest Decision to Reevaluate Certification after Wal-Mart

The Ninth Circuit’s recent decision in Wang v. Chinese Daily News is the latest to affirm that Wal-Mart v. Dukes is controlling in wage-and-hour class action cases. ...more

3/21/2013 - Class Action Dukes v Wal-Mart FLSA Over-Time Rest and Meal Break SCOTUS Wage and Hour Wang v Chinese Daily News

California Court of Appeal Denies Wage-and-Hour Class Claims and Enforces Arbitration Agreement under Concepcion

Employers in California have been watching closely to see how courts will apply the United States Supreme Court’s decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), which held that the Federal Arbitration Act...more

1/30/2013 - Arbitration AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Federal Arbitration Act FLSA Macy's NLRB Preemption Wage and Hour

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