Hera Arsen, Ph.D.

Hera Arsen, Ph.D.

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

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Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No

The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more

11/10/2016 - ADA Amazon Corporate Counsel Essential Functions Failure to Accommodate Medical Leave Reasonable Accommodation Summary Judgment

New York Attorney General Answers White House’s Call: Promises Bill to Curb Non-Compete Use

On the same day that the White House released its “State Call to Action on Non-Compete Agreements,” encouraging states to adopt best practice policies in the enforcement of non-compete agreements, New York State’s Attorney...more

11/8/2016 - Attorney Generals Corporate Counsel Non-Compete Agreements Proposed Legislation Restrictive Covenants

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

5/24/2016 - Constructive Discharge Corporate Counsel EEOC Federal Employees Green v Brennan Race Discrimination Resignation Retaliation SCOTUS Statute of Limitations Title VII USPS

Why Can’t We Be Friends? The Supreme Court Discovers an Unexpected Meeting of the Minds in Zubik v. Burwell

Regardless of one’s preferred metaphor, the Supreme Court of the United States is adept at ducking, punting, and otherwise avoiding messy and socially divisive interpretive issues. Every once in a while, the parties even help...more

5/17/2016 - Affordable Care Act Contraceptive Coverage Mandate Corporate Counsel Employer Group Health Plans Non-Profits Popular Religious Freedom Religious Freedom Restoration Act Remand SCOTUS Vacated Women's Rights Young Lawyers Zubik v Burwell

California Governor Signs Paid Family Leave Expansion Into Law

On April 11, 2016, California Governor Jerry Brown signed legislation that will increase the wage replacement rate under the Paid Family Leave program for California workers from its current level of 55 percent to 60 or 70...more

4/12/2016 - Corporate Counsel Disability Benefits Governor Brown New Legislation Paid Family Leave Law Paid Leave Temporary Disability Insurance Unemployment Compensation System Wage and Hour

California Supreme Court Takes a Stand on Employers' Obligations to Provide Seating

On April 4, 2016, the Supreme Court of California ruled on employers’ obligations, under certain circumstances, to provide seating for employees under Industrial Welfare Commission Wage Order No. 7-2001, which states that...more

4/5/2016 - Burden of Proof CA Supreme Court Corporate Counsel Employer Liability Issues Suitable Seats Lawsuits Totality of Circumstances Test

California Supreme Court Issues Pro-Arbitration Agreement Decision

On March 28, 2016, the Supreme Court of California issued another ruling on the enforceability of arbitration agreements. In Baltazar v. Forever 21, Inc. (S208345), the court considered the enforceability of an arbitration...more

3/29/2016 - American Arbitration Association Arbitration Agreements CA Supreme Court Corporate Counsel Enforceability Injunctive Relief Motion to Compel TRO Unconscionable Contracts

ERISA Preemption Made Easy? Supreme Court Sends Vermont All-Payer Database Back to the Drawing Board

On the first day of decisions since the unexpected passing of Justice Scalia, the Supreme Court of the United States ventured into the thorny area of preemption under the Employee Retirement Income Security Act (ERISA) and...more

3/3/2016 - Corporate Counsel ERISA Gobeille v Liberty Mutual Insurance Com. Health and Welfare Plans Plan Administrators Preemption Recordkeeping Requirements Reporting Requirements SCOTUS Self-Funded Health Plans

Swipe Left to Avoid Liability: Policing Dating Apps in the Workplace

According to a 2015 survey, nearly two-thirds of people in the United States and over 2 billion people worldwide own smartphones. For some smartphone users, their phones are their only avenue of access to the Internet....more

2/11/2016 - Bring Your Own Device Corporate Counsel Dating Services Love Contracts Mobile Devices Sexual Harassment Smartphones Workplace Romances

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

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 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

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

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

How to Protect Your Summary Judgment Win: Employer’s Victory Reversed in Age Bias Case

Motions for summary judgment are among the most important—and efficient—devices for defeating a discrimination suit brought by an employee against an employer. If successful, these motions serve to narrow issues to be...more

3/13/2014 - ADEA Age Discrimination Corporate Counsel Litigation Strategies

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