Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Your Rx for Complying with California’s Newly Effective Paid Sick Leave Law

The Healthy Workplaces, Healthy Families Act of 2014, which Governor Jerry Brown signed on September 10, 2014, goes into effect today, July 1, 2015. The Act requires California employers to provide employees with one hour of...more

7/2/2015 - DLSE Employee Rights Healthy Workplaces Healthy Families Act 2014 New Legislation Notice Requirements

The New Overtime Regulations: Are Your White Collar Employees Still Exempt?

On June 30, 2015, the U.S. Department of Labor (DOL) announced its long-awaited proposed rule that would revise the regulations concerning the white collar exemption contained in section 13(a)(1) of the Fair Labor Standards...more

7/1/2015 - Corporate Counsel DOL Exempt-Employees FLSA Human Resources Professionals NPRM Wage and Hour White-Collar Exemptions

Supreme Court Once Again Saves the ACA: Rules Yes on Tax Credits For Purchasers From a Federal Exchange

On June 25, 2015, the Supreme Court of the United States ruled that tax credits are available to individuals in states that have a federal Exchange under Section 1321 of the Affordable Care Act (the Act or the ACA). In a...more

6/26/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges Income Taxes IRS King v Burwell Public Health Insurance Marketplace State Health Insurance Exchanges Tax Credits

“Ambush” Election Challenge Fails in Federal Court

A federal judge in Texas recently ruled in favor of the National Labor Relations Board (NLRB) in a case challenging the Board’s “ambush” election rules. The lawsuit, Associated Builders and Contractors of Texas, Inc. v....more

6/23/2015 - Abuse of Discretion Administrative Authority Ambush Election Rules NLRA NLRB Protected Activity Right to Privacy Trade Associations Union Elections Unions

California Employers Take the Heat . . . of new Revised Heat Illness Standards

On April 7, 2015, the California Department of Industrial Relations (DIR) and the state safety and health agency announced that the current heat illness prevention regulation has been amended. The Office of Administrative Law...more

6/8/2015 - Employer Liability Issues Heat Exposure OSHA Popular Workplace Safety

Yet Another Municipal-Level Paid Sick Leave Measure Passes in California

In addition to implementing a minimum wage rate increase, the ordinance that the Emeryville City Council unanimously approved on June 2, 2015 will provide paid sick leave to employees in Emeryville—over and above what is...more

6/8/2015 - Minimum Wage Paid Sick Leave Act

The New Highest Minimum Wage in the Country: Emeryville Expected to Reach $16 Per Hour by 2020

As of this week’s vote, the small California city of Emeryville, which is located in San Francisco’s Bay Area, is slated to have one of the highest minimum wage rates in the country. As expected, on June 2, 2015, the...more

6/8/2015 - Exemptions Minimum Wage Tip Credit

Supreme Court Rules Employer’s Motive (Not Knowledge) Decides Disparate-Treatment Claims

On June 1, 2015, the Supreme Court of the United States decided whether an employer’s obligations under Title VII of the Civil Rights Act of 1964 are triggered only when an applicant has informed the employer of his or her...more

6/2/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

Should Employers Guess Their Applicants’ Religion? SCOTUS Expected to Face Accommodations Issues Head On

The Supreme Court of the United States is poised to decide a case that should clarify employers’ obligations to provide applicants with accommodations for their religious practices. Simply put, the question is whether...more

5/27/2015 - Abercrombie & Fitch EEOC v Abercrombie Employment Policies Hiring & Firing Reasonable Accommodation Religious Accommodation Religious Clothing SCOTUS

$15 Per Hour Minimum Wage? Los Angeles and Emeryville Give Seattle a Run for the Money

On May 19, 2015, the Los Angeles City Council voted, 14-to-1, to raise the minimum wage to $15.00 per hour in increments over the next five years. As a result, the city council will draft a proposal to raise the wage rate...more

5/25/2015 - Minimum Wage Small Business Wage and Hour

California Supreme Court Agrees to Consider Whether California Health Care Workers Can Lawfully Waive a Second Lunch Period.

This week, the California Supreme Court agreed to review the decision in Gerard v. Orange Coast Memorial Center, No. G048039 (February 10, 2015), where the California Court of Appeal partially invalidated the Industrial...more

5/25/2015 - Health Care Providers Healthcare Hospitals IWC On-Duty Meal Period Waivers Rest and Meal Break Wage and Hour

Justices Give Courts Authority to Review EEOC Conciliation Efforts

On April 29, 2015, the Supreme Court of the United States decided whether—and the extent to which—courts may review efforts made by the U.S. Equal Employment Opportunity Commission (EEOC) to resolve discrimination claims with...more

4/30/2015 - Conciliation Discrimination EEOC Judicial Review Mach Mining v EEOC Mining SCOTUS Sex Discrimination Title VII

A Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit

The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting....more

4/7/2015 - Adverse Employment Action Appeals EEOC Municipalities Offensive Language Retaliation

Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant...more

3/26/2015 - Discrimination Popular Pregnancy Discrimination Reasonable Accommodation SCOTUS Substantial Burden Trucking Industry UPS Young v United Parcel Service

Will Employers Have an Affirmative Defense in EEOC Litigation? A Look at the Supreme Court’s Upcoming Decision

In the coming months, the Supreme Court of the United States will determine the level of judicial review, if any, that will be applied to employers’ pre-litigation negotiations with the U.S. Equal Employment Opportunity...more

3/20/2015 - Affirmative Defenses EEOC Enforcement Actions Judicial Review Mach Mining v EEOC SCOTUS

Supreme Court Eliminates Notice-and-Comments for Some Agency Interpretations

On March 9, 2015, the Supreme Court of the United States ruled that the Paralyzed Veterans doctrine, which requires an agency to use the notice-and-comment procedures of the Administrative Procedure Act (APA) when issuing a...more

3/10/2015 - Administrative Procedure Act Corporate Counsel DOL FLSA Legal History Mortgage Loan Officer Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc SCOTUS Wage and Hour

What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?

With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42...more

2/25/2015 - Collective Bargaining Discrimination Essential Functions PDA Pregnancy Pregnancy Disability Leave Law Pregnancy Discrimination SCOTUS Sex Discrimination Trucking Industry Unions UPS Young v United Parcel Service

California School Teacher’s Claim That She Was Fired Due to a Computer Error

Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more

2/2/2015 - DFEH Disability Employer Liability Issues Equitable Tolling FEHA Hiring & Firing Interactive Process LAUSD Medical Leave Public Schools Statute of Limitations Teachers Wrongful Termination

The Price is Wrong: California Court OKs a New Trial in Game Show Model’s Pregnancy Bias Case

Cochran v. FremantleMedia North America, Inc., No. B247541 (December 11, 2014): In a recent unpublished ruling, the California Court of Appeal affirmed a trial court’s order granting a new trial in a case brought by a game...more

2/2/2015 - Adverse Employment Action Employer Liability Issues Entertainment Industry Hiring & Firing Pregnancy Discrimination Substantial Motivating Factor Test

Supreme Court Delineates Federal Whistleblower Protections in TSA Disclosure Case

On January 21, 2015, the Supreme Court of the United States decided whether a federal air marshal, who publicly disclosed that the Transportation Security Administration (TSA) had decided to cut costs by removing air marshals...more

1/28/2015 - Airlines DHS v Maclean Disclosure Law Enforcement Public Disclosure SCOTUS TSA Whistleblowers

Supreme Court Rejects Analysis of Duration of Retiree Benefits As Contrary to Contract Law

On January 26, 2015, the Supreme Court of the United States resolved a long-standing dispute between the Sixth Circuit Court of Appeals and the remainder of the federal judiciary in a case concerning the extent to which...more

1/28/2015 - CBAs Collective Bargaining Employee Benefits Employer Group Health Plans Employer Healthcare Costs Essential Health Benefits M&G Polymers v Tackett Retirement SCOTUS Vested Benefits

OFCCP Posts Two New FAQs on Veteran Self-Identification and the VETS-4212 Form

On October 27, 2014, a new reporting form for veterans, the VETS 4212 reporting form, replaced the VETS-100A and VETS-100 Forms. In response to inquiries about contractors’ new requirements as a result of this chance, on...more

1/26/2015 - Federal Contractors Hiring & Firing OFCCP Self-Reporting Veterans VEVRAA

#SOTU2015: Employment, Immigration, Cyber Safety, and Education in a New Era

On the evening of January 20, 2015, President Obama delivered his sixth State of the Union address in the chamber of the U.S. House of Representatives with Supreme Court justices, members of Congress, the president’s...more

1/22/2015 - Barack Obama Community Colleges Cybersecurity Data Protection Education Reform Employer Mandates Popular State of the Union Wage and Hour

PAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review

Yesterday, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California. In Iskanian v. CLS...more

1/21/2015 - American Express v Italian Colors Restaurant AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Preemption Remand SCOTUS Trucking Industry

LA County Employee’s Retaliation Claim Fails but Disability Bias Claim Moves Forward

Barseghyan v. County of Los Angeles, No. B249184 (November 20, 2014): A California Court of Appeal recently held that an employee whose new supervisors were unaware that she had filed a sexual harassment complaint in her...more

12/31/2014 - Adverse Employment Action Appeals Disability Discrimination Former Employee Protected Activity Retaliation Sexual Harassment

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