Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

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

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President to Announce Plan to Improve Gender Pay Gap: EEOC to Increase Employers’ Reporting Requirements

Today, President Obama is expected to announce that the U.S. Equal Employment Opportunity Commission (EEOC) plans to require employers to report what they pay their employees—by gender, race, and ethnicity—to the federal...more

1/29/2016 - EEO-1 EEOC Obama Administration Pay Transparency Reporting Requirements

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer...more

1/22/2016 - Article III Campbell Ewald v Gomez Class Action Federal Contractors Mootness Rule 23 SCOTUS Sovereign Immunity TCPA

Are You a Joint Employer? WHD Issues Guidance in the Form of an Administrator’s Interpretation

On January 20, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor released an Administrator’s Interpretation (AI) on joint employment under the Fair Labor Standards Act (FLSA) and Migrant and Seasonal...more

1/21/2016 - DOL Employer Liability Issues FLSA Joint Employers Migrant Workers Wage and Hour

Which Way Did Our Money Go? Supreme Court Decides ERISA Subrogation Issue

On January 20, 2016, the Supreme Court of the United States addressed the first of several ERISA-related cases on its October 2015 docket, reversing the Eleventh Circuit Court of Appeals and concluding that the trustees of...more

1/21/2016 - Employer Group Health Plans ERISA Montanile v Board of Trustees SCOTUS Subrogation

Pay Transparency Rule to Go Into Effect on Same Day as OFCCP’s Webinar

On Monday, January 11, the Office of Federal Contract Compliance Programs’ (OFCCP) final rule on pay transparency, which prohibits federal contractors from discriminating against employees and applicants “who inquire about,...more

1/8/2016 - Anti-Discrimination Policies Anti-Retaliation Provisions DOL Federal Contractors Final Rules OFCCP Pay Transparency

A New Year’s Resolution for California Employers: Fair Pay Act Compliance

California employers are preparing for the effects the Fair Pay Act—the new law signed by Governor Brown last October that significantly changes California’s gender equality pay law. Senate Bill 358 (SB 358), which went into...more

1/5/2016 - Equal Pay Fair Pay Act Gender-Based Pay Discrimination Governor Brown Wage and Hour

California’s New Piece-Rate Compensation Requirements and a New Affirmative Defense Take Effect January 1, 2016

On October 10, 2015, California Governor Jerry Brown signed Assembly Bill 1513, which added new requirements with regard to employees who work on a piece-rate basis. The new law, which amends California Labor Code section...more

12/16/2015 - Affirmative Defenses Corporate Counsel Governor Brown Minimum Wage New Legislation Piece-Rate Pay Wage and Hour Wage Statements

The DOL’s Fall 2015 Regulatory Agenda: Does it Really Shed Light on the Timing for a Final Overtime Rule?

Approximately three months after the comment period closed on the proposal from the Obama administration and U.S. Department of Labor (DOL) to revise the Part 541 overtime regulations, the DOL issued its Fall 2015 Semiannual...more

12/1/2015 - Comment Period Corporate Counsel DOL Exempt-Employees Regulatory Agenda Rulemaking Process

California’s Gender Identity Legislation: New Protections for Transgender Employees Working with State Agencies

On October 7, 2015, Governor Jerry Brown signed Senate Bill 703 (SB 703), protecting transgender employees whose employers engage in business with state agencies. Specifically, the bill expands on the state’s pre-existing...more

10/9/2015 - Anti-Discrimination Policies Corporate Counsel Government Contractors Jerry Brown New Legislation Transgender

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

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