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Huggers And Massagers Beware: Ninth Circuit Sends Office Hugger Case To Trial

We all know this creepy guy. In some offices, he bear hugs female co-workers. In others, he serves as the office masseuse, casually massaging the shoulders of any seated woman he passes in a conference room....more

Trump Labor Nominee, Andrew Puzder, Withdraws

Andrew Puzder, the fast food CEO that Donald J. Trump nominated to be Labor Secretary, abruptly withdrew his name from consideration today following revelations that he was physically abusive to his wife and that he employed...more

Trump Nominates Andrew Pudzer To Head Department of Labor

President-Elect Donald J. Trump intends to nominate Andrew F. Pudzer to head the U.S. Department of Labor, according to numerous sources familiar with his office. Pudzer is the CEO of the holding company that operates the...more

U.S. DOL Appeals Texas Injunction of FLSA Salary Regs

As we previously reported, a federal judge in Texas recently issued a nationwide injunction putting a halt to regulations issued by the U.S. Department of Labor (DOL), which would have doubled the minimum salary needed to...more

Expect Big Changes in Labor and Employment From the Trump Administration

Since at least the 1920s, Republicans have been viewed as the party of commerce, small government and less regulation. And, to be sure, most Republicans still are. But Donald Trump challenged all of those assumptions by...more

The McDonald’s NLRB Case: At The Intersection Of Hot Legal And Political Issues

Despite popular belief, the fate of fast food franchises around the country does not rest in the hands of Lauren Esposito, an unelected administrative judge for the National Labor Relations Board (NLRB). Whatever decision...more

Sharing Economy Should Fear California's Ruling on Uber Driver

When a district court judge in San Francisco this summer certified a class of Uber Technologies Inc. drivers seeking compensation for tips, it may have been the most talked about legal story of the summer. Much less noticed,...more

The NLRB’s “Radical” Joint Employer Decision Is The Biggest Win For Unions In Years

Yesterday, in Browning Ferris Industries of California, Inc., the National Labor Relations Board (NLRB) overruled 30 years of authority on the issue of joint employers. In a decision which two Board Members called the “most...more

Los Angeles County To Raise Minimum Wage To $15 Per Hour

Late last month, the Los Angeles County Board of Supervisors directed the County Counsel to take steps to increase the the minimum wage for the entire county in the same increments as in the ordinance passed recently by the...more

NLRB Judge Orders Reinstatement Of Employee Who Made Racist Taunts Toward African-Americans

The National Labor Relations Board promotes itself as a government agency that “safeguards employees’ rights,” but you would not know it from a recent ruling upholding racist statements made by union supporters on a picket...more

Independent Contractors And Overtime: The DOL Steps Into The Ring With Jarring New Regulations

The U.S. Department of Labor (DOL) has recently taken a firm stance on two of the most controversial issues facing American employers: overtime compensation and misclassification of employees as independent contractors. ...more

California Amends Paid Sick Leave Law

This week, California Governor Jerry Brown signed into law an amendment to the Healthy Workplaces, Healthy Families Act of 2014, a law passed last year which requires employers to provide paid sick leave. The law has been...more

“Black Swan” Internship Case Creates New Obstacles For Employers In California

In California, internships have always been viewed as a trade-off between prestigious employers and young students looking to get a foot in the proverbial door. College students and graduates looking for highly-coveted...more

Sea changes are afoot with the minimum wage

In a nearly unanimous vote on June 10, the Los Angeles City Council cleared the way to make the city the largest in the United States to have a minimum wage to $15 per hour. The raise will fully go into effect in 2020....more

Uber Independent Contractor Decision Will Have Broad Consequences For Employers In California

Earlier today, Uber Technologies, Inc. announced the decision of the California Department of Labor, Division of Labor Standards Enforcement (DLSE) finding that a driver was an employee, not an independent contractor. The...more

Supreme Court Opens The Door To More Religious Accommodation Claims

In a near-unanimous 7-page opinion, the U.S. Supreme Court held that employers need not have “actual knowledge” that an employee is requesting a modification of his position for religious purposes in order to be required to...more

Changes Afoot To The Minimum Wage In California

Today, the Los Angeles City Council voted 13-1 to make the City the largest in the United States to have a minimum wage to $15/hour, a raise which will fully go into effect in 2020. Currently, the minimum wage is $9/hour and...more

6/5/2015  /  Exceptions , Minimum Wage , Non-Profits

Supreme Court Opens The Floodgates To Pregnancy Discrimination Cases

This week, in Young v. United Parcel Service, Inc., the United States Supreme Court found that, under Title VII, employers must provide pregnant employees with the same accommodations that they provide to employees in similar...more

Can employers require vaccinations?

Vaccines for children have been front-page news around the country ever since the breakout of measles at Disneyland earlier this year. Rightfully, the focus has been on children who are unvaccinated and the effect it has on...more

Unvaccinated Workers: An Employer’s Rights And Obligations

Vaccines for children have been front-page news around the country after the breakout of measles at Disneyland. Rightfully, the focus has been on children who are unvaccinated and the effect that it has on schools and places...more

It’s That H-1B Time of Year Again!

February has rolled around again and we’re thinking about powder days for skiing in the mountains and Caribbean vacations to find some sun, and April showers to bring May flowers… yes, April is right around the corner! So...more

“Honest Belief” Defense Remains Unresolved In California

The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law. Instead, in Richey v. Autonation, Inc., the Court punted on the...more

Did The State Of The Union Matter For Employers?

The short answer: not really. This year’s State of the Union Address, delivered by a lame-duck President to a hostile Congress, contained ideas that, if enacted, would surely affect American employers. But in the end, the...more

No Waiver Of PAGA Representative Claims (Yet)

This week, the U.S. Supreme Court denied certiorari in connection with the California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angleles, LLC. Had the Court heard the Iskanian case, it was expected to...more

Supreme Court Rejects Compensation For Antitheft Security Screenings, But Would A California Court Find Differently?

The U.S. Supreme Court unanimously held this week that time spent by employees going through a post-shift security screening is not compensable time. In a relatively brief and uncontroversial opinion, the Court found in...more

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