Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

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

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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

Ninth Circuit Defends Employer’s Discharge of Worker With a History of Intimidation and Threats

Curley v. City of North Las Vegas, No. 12-16228 (December 2, 2014): The Ninth Circuit Court of Appeals recently affirmed a judgment against a worker who claimed that he was fired because of his hearing impairment in violation...more

12/31/2014 - ADA Appeals Discrimination EEOC Hiring & Firing Municipalities Termination

SCOTUS Rules CAFA Removal Notices Need Contain Only a Plausible Allegation That Amount in Controversy is Satisfied

On December 15, 2014, the Supreme Court of the United States decided a critical issue regarding Class Action Fairness Act of 2005 (CAFA) removals. Specifically, the Supreme Court settled a controversy surrounding what...more

12/16/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Federal Jurisdiction Notice Requirements Removal SCOTUS

Supreme Court Rules Security Screenings Are Not "Integral and Indispensable" to Principal Activities and Thus Not Compensable

On Tuesday, December 9, 2014, the Supreme Court of the United States ruled that the time workers spend waiting to undergo and undergoing security screenings is not compensable under the Fair Labor Standards Act (FLSA)....more

12/10/2014 - Corporate Counsel FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

Ninth Circuit Dismisses Worker’s “‘Sweeping Conclusory Allegations’ of Unequal Treatment”

McClain v. County of Clark, No. 12-16888 (October 10, 2014): The Ninth Circuit Court of Appeals recently sided with an employer in a case in which the former employee claimed that he was subjected to ageist remarks. According...more

11/25/2014 - ADEA Age Discrimination Appeals Employer Liability Issues Former Employee Hostile Environment Municipal Employees Municipalities National Origin Discrimination Summary Judgment

Supreme Court to Decide Who Is Entitled to the Federal Health Care Subsidy

Are the federal government’s subsidies to purchasers of health insurance available only to those who purchase insurance from state-run exchanges or to those who purchase from federal health care exchanges as well? Was the...more

11/12/2014 - Affordable Care Act Halbig v Burwell Health Insurance Health Insurance Exchanges IRS King v Burwell Popular SCOTUS Subsidies Tax Credits

FAQs on California’s Paid Sick Leave Law

On September 10, 2014, Governor Jerry Brown signed the Healthy Workplaces, Healthy Families Act of 2014. The Act requires California employers to provide employees with one hour of paid sick leave for every 30 hours worked...more

11/11/2014 - Employee Rights New Legislation Paid Leave Sick Leave

California Court Implements Iskanian, Finds Agreement Waiving Representative Claims Under PAGA Unenforceable

Ybarra v. Apartment Investment and Management Company, No. B245901 (October 7, 2014): A California Court of Appeal recently affirmed a trial court decision finding that a class action waiver provision in an employee’s...more

11/3/2014 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Iskanian PAGA Trucking Industry

Don’t Let Your Office Halloween Party “Unmask” Racial Insensitivity

Employers may view Halloween celebrations at work as a no-brainer: Annual October office parties are often great boosts to employee morale, encouraging community, healthy competition, and team-building as participants eat,...more

10/31/2014 - Dress Codes Employer Liability Issues Holidays Race Racial Discrimination

WHD Publishes Final Rule Increasing Federal Contractors’ Minimum Wage

On October 7, 2014, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) published its Final Rule establishing standards and procedures to implement Executive Order 13658, entitled “Establishing a Minimum...more

10/14/2014 - DOL Employee Rights Federal Contractors Minimum Wage Wage and Hour Wages

U.S. House Judiciary Committee Approves Legislation Creating Civil Cause of Action Under Federal Trade Secrets Protection Act

Federal trade secret legislation may be closer than you think. On September 17, 2014, the Judiciary Committee of the U.S. House of Representatives approved H.R. 5233, the Trade Secrets Protection Act of 2014, with one...more

9/26/2014 - Amended Legislation Legislative Committees Pending Legislation Private Right of Action Trade Secrets Protection Act of 2014

White House Announces New EEOC Nomination

On September 15, the White House announced that President Obama’s nomination of Charlotte A. Burrows to the post of Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) had been sent to the U.S. Senate. The...more

9/22/2014 - Barack Obama EEOC Nominations

Is the Los Angeles Minimum Wage Increasing to $13.25 per Hour?

On Monday, September 1 in a Labor Day speech, Los Angeles Mayor Eric Garcetti announced his proposal to increase the city’s minimum wage to $13.25 per hour by 2017, and to tie the minimum wage to the Consumer Price Index...more

9/15/2014 - Employee Rights Minimum Wage Wage and Hour Wages

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