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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

Governor Brown Signs California’s Mandatory Paid Sick Leave Law

On Wednesday, September 10, 2014, Governor Jerry Brown signed a bill that provides workers with three paid sick days per year. Governor Brown enthusiastically endorsed the law’s passage in August when the California...more

9/11/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

BREAKING NEWS: California Legislature Passes Mandatory Paid Sick Leave Bill

On Saturday, August 30, 2014, in the early morning hours and amid controversy among labor supporters, the California legislature passed a bill that provides workers with three paid sick days per year. Governor Brown...more

9/2/2014 - Employee Rights Paid Leave Popular Sick Leave

The Arbitration Obligations Imposed by the Fair Pay and Safe Workplaces Executive Order

As we discussed recently in our blog post, “President Obama Issues Two Executive Orders in 10-Day Period,” last week President Obama issued the Fair Pay and Safe Workplaces Executive Order. Under this order, federal...more

8/4/2014 - American Express v Italian Colors Restaurant Barack Obama D.R. Horton v NLRB Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Contractors NLRB Oxford Health v Sutter Policy Violations Wage and Hour

California Family Rights Act Interference Claims Proceed

Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more

7/31/2014 - Adverse Employment Action Appeals CFRA Discrimination FMLA Hiring & Firing Leave of Absence Retaliation Termination

EEOC Issues Enforcement Guidance on Pregnancy Discrimination and Related Issues

Yesterday, by a 3-to-2 vote of commissioners, the U.S. Equal Employment Opportunity Commission (EEOC) approved a new guidance on the Pregnancy Discrimination Act (PDA). The first comprehensive update on the subject of...more

7/16/2014 - Corporate Counsel EEOC Employee Rights Pregnancy Pregnancy Discrimination

Supreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights

Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more

7/1/2014 - Collective Bargaining First Amendment Harris v Quinn Healthcare Medicaid Public Employees Right to Work SCOTUS Union Dues Unions

Supreme Court Clarifies ESOP Fiduciaries’ Obligations

On June 25, 2014, the Supreme Court of the United States ruled that a fiduciary of an “employee stock ownership plan” (ESOP) is subject to the same duty of prudence that the Employee Retirement Income Security Act (ERISA)...more

6/26/2014 - Employee Benefits ERISA ESOP Fiduciary Duty FIfth Third Bancorp v Dudenhoeffer SCOTUS U.S. Bancorp

SCOTUS Preview: Is the End in Sight for Public Employee Unionism (and Fair Share Fees)?

Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United...more

6/25/2014 - Collective Bargaining Healthcare Medicaid Public Employees SCOTUS Unions

Supreme Court Rules Public Employee’s Sworn Testimony Is Protected

Declaring that “public employees do not renounce their citizenship when they accept employment,” the Supreme Court of the United States held today that the First Amendment protects a public employee’s truthful sworn...more

6/20/2014 - First Amendment Lane v Franks et.al Protected Activity SCOTUS Subpoenas Testimony Trials

Federal Court Clarifies CAFA’s Jurisdictional Amount in State PAGA Cases

A judge of the U.S. District Court for the Central District of California recently issued a pro-employer ruling with regard to the jurisdictional minimum amount in controversy required by the Class Action Fairness Act (CAFA)...more

6/20/2014 - Appeals CAFA Class Action Class Certification Employer Liability Issues Federal Jurisdiction Jurisdiction PAGA

One Step Closer to a $10.10 Minimum Wage for Federal Contractors: Proposed Rule Implements EO 13658

On June 12, 2014, U.S. Secretary of Labor Thomas E. Perez announced a proposed rule raising the minimum wage to $10.10 per hour starting on January 1, 2015, for workers on federal service and construction contracts. The...more

6/16/2014 - DOL Federal Contractors Minimum Wage Wage and Hour Wages

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

6/4/2014 - ADA Affirmative Action Affordable Care Act DOL EEOC ERISA Executive Orders Final Rules FLSA HUD Minimum Wage NLRB Obama Administration OFCCP OMB Persuader Rules Proposed Regulation Regulatory Agenda Unions Unpaid Overtime Wage and Hour

High Court Rules Some Severance Payments Are Taxable

Yesterday, the Supreme Court of the United States held that severance payments are taxable under the Federal Insurance Contributions Act (FICA) when made to employees whose employment is involuntarily terminated. The Court...more

3/26/2014 - FICA Taxes Income Taxes Quality Stores Severance Pay Termination

Three Pointers on Handling Employees’ March Madness

It’s that time of year. Your office supply room smells of freshly copied pages titled “NCAA Tournament Bracket.” The words “underdog,” “upset,” “first round,” and “buzzer beater” are heard from watercooler conversations....more

3/20/2014 - Gambling Sports Sports Betting

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