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U.S. Department of Labor Advances Regulatory Agenda with Final Rule Barring Federal Contractors from Discriminating against LGBT...

On December 3, 2014, the U.S. Department of Labor (DOL) released its final rule barring federal contractors from discriminating on the basis of sexual orientation and gender identity. The final rule implements an Executive...more

12/12/2014 - Contractors Discrimination DOL Equal Opportunities Federal Contractors LGBT OFCCP Sexual Orientation Discrimination

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

10/3/2014 - Discrimination EEOC Equal Pay Act Port Authority Sex Discrimination Wages

At Long Last, OFCCP Announces OMB Approval of a New Scheduling Letter and Itemized Listing

More than three years after the Office of Federal Contract Compliance Programs (OFCCP) first announced its intent to issue a new Scheduling Letter and Itemized Listing, the Agency finally has obtained approval to do so from...more

10/2/2014 - Affirmative Action Contractor Audits Employer Liability Issues Federal Contractors OFCCP OMB Reporting Requirements Scheduling Letters

Obama Executive Order Places New Burdens and Restrictions on Federal Contractors

In an unwelcome, mid-summer surprise for the business community, President Obama signed the Fair Pay and Safe Workplaces Executive Order on Thursday July 31, 2014 requiring federal contractors to report violations of federal...more

8/6/2014 - Arbitration Contractors Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors Sexual Assault Sexual Harassment Title VII

Freedom of Watercooler Speech? NLRB Invalidates Employer’s No-Gossip Policy

Do mean-spirited watercooler talk, negative gossip, and backbiting have an effect on employee morale that companies would like prevent if they could? In many instances, probably yes. Why don’t employers create “no gossip”...more

12/31/2013 - Employment Policies Hiring & Firing NLRA NLRB

Germany: Bonus Cap for Bank Staff Introduced

In Germany, remuneration of managers in general has increasingly come into public and political focus. Over the last years, the German legislator enacted several law reforms concerning managers’ pay. Very recently, the...more

10/31/2013 - Banks Bonuses EU Remuneration

Arbitration Wars: The California Supreme Court Strikes Back In Sonic II

On October 17, 2013, the California Supreme Court revisited the enforceability of arbitration agreements in California. The Court released its decision Sonic-Calabasas Inc. v. Moreno (Sonic II). In that 5 – 2 ruling, the...more

10/29/2013 - American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility v Concepcion Federal Arbitration Act Preemption SCOTUS

Orrick World: A Quarterly Report of Global Employment Law Issues for Multinationals - Fall 2013

Asia Employment Law Update - Labor Contract Law Amendments on Dispatch Employees Come Into Effect - Implementation Details Still Uncertain: During July 2013, the Decision on Amending the Labor Contract Law of...more

9/27/2013 - China EU Financial Regulatory Reform Foreign Nationals International Labor Laws Labor Dispatch Services Multinationals UK

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

The EEOC Aggressively Pursues Criminal Background Check Policies

On June 11, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed two separate lawsuits against Dollar General and BMW Manufacturing Co. LLC, accusing each company of discriminating against Black job applicants...more

6/14/2013 - Ban the Box Criminal Background Checks Discrimination EEOC Hiring & Firing Job Applicants Racial Discrimination

Prisoner 24601 May Report For Duty, Says the EEOC

Can the EEOC require employers to hire convicted criminals? Last April, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a policy guideline that calls into question the extent to which employers can...more

4/18/2013 - Criminal Background Checks Criminal Records EEOC Employer Liability Issues Hiring & Firing Title VII

Put up your Dukes! Supreme Court Clarifies that Damages Must be Capable of Class Wide Resolution in Rule 23(b)(3) Class Actions...

The United States Supreme Court’s recent ruling in Comcast Corp. v. Behrend, Case No. 11-864 (March 27, 2013) reinforces class certification requirements as spelled out in Wal-Mart v. Dukes. However, the closely divided court...more

4/3/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Rule 23 SCOTUS

EEOC Releases Its Strategic Enforcement Plan

On December 17, 2012, the EEOC released its Strategic Enforcement Plan. As previously reported, the EEOC released the draft SEP for public comment on September 4, 2012, with a plan to vote on and implement it by October 1....more

1/9/2013 - Anti-Retaliation Provisions Discrimination EEOC Equal Pay Hiring & Firing Recruitment Policies Strategic Enforcement Plan

California Court of Appeal Overturns $1.3 Million in Damages and Attorneys’ Fees against Lucasfilm for Failure to Give Instruction...

On December 10, 2012, in Veronese v. Lucasfilm Ltd., a California Court of Appeal overturned a Marin County jury’s verdict against Lucasfilm based on its finding that several errors in jury instructions prejudicially affected...more

12/19/2012 - Appeals Business Judgment Rule Discrimination Failure To Hire FEHA Jury Instructions Lucasfilm Pregnancy Discrimination Reversible Error Termination

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