Lauri A. Damrell

Lauri A. Damrell

Orrick, Herrington & Sutcliffe LLP

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More Headaches: Emeryville Enacts Paid Sick Leave & Minimum Wage Ordinance

Emeryville will join San Francisco, Oakland and other cities across the nation that have enacted paid sick leave ordinances. On June 2, 2015, the city of Emeryville adopted its Minimum Wage and Paid Sick Leave Ordinance which...more

7/1/2015 - Earned Sick Time Paid Leave Paid Sick Leave Act Sick Leave

N.D. Cal. Judge Puts a Check on Plaintiff’s Novel LinkedIn Background Check Theory Under FCRA

The federal Fair Credit Reporting Act (FCRA) has recently spawned an unprecedented number of class action complaints against employers for allegedly failing to comply with FCRA’s hyper-technical disclosure and consent...more

6/1/2015 - Background Checks Employee Credit Checks Employer Liability Issues FCRA Hiring & Firing LinkedIn Popular Social Networks

Is the EEOC Rushing Your Company to Court? SCOTUS Says Not So Fast

The U. S. Supreme Court unanimously ruled on April 29 that courts can review whether the EEOC has satisfied its obligation under Title VII to conciliate before running to court. Title VII dictates that when the EEOC believes...more

5/5/2015 - Conciliation EEOC Enforcement Actions Judicial Review Mach Mining v EEOC SCOTUS Title VII

Is Your Wellness Program Healthy? EEOC Provides Much Needed Guidance in Proposed Rule

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule addressing how the Americans with Disabilities Act (ADA) applies to wellness programs that are part of group health plans and that...more

4/23/2015 - ADA Affordable Care Act Benefit Plan Sponsors EEOC Health Insurance HIPAA Proposed Regulation Wellness Programs

And the Oscar Goes to... Equal Pay? Arquette’s Oscar Speech Sparks Comparable Worth Bill in California

Just in time for Women’s History Month, California State Senator and Chair of the California Legislative Women’s Caucus, Hannah-Beth Jackson, introduced Senate Bill 358 (SB 358), which seeks to narrow the gender pay gap in...more

3/18/2015 - Equal Pay Proposed Legislation

Chicken Soup for CA Employers: How to Stay Healthy When Implementing Your Sick Leave Plan

The new California paid sick leave law is now “in effect” and you are ramping up your HR and payroll team to get ready for July 1 when employees can start accruing sick leave under the law. But now that you’re digging into...more

2/4/2015 - Employment Policies Human Resources Professionals Local Ordinance New Legislation Paid Leave PTO Sick Leave

San Francisco Enacts Broad Protections for Employees of “Formula Retail” Establishments

On December 5, 2014, San Francisco enacted two ordinances, dubbed the “San Francisco Retail Workers’ Bill of Rights,” that will extend benefits to part-time retail and food service employees and require certain employers to...more

12/17/2014

Don’t Let California’s Sick Leave Law Leave You Sick this New Year’s: Be Prepared to Comply on January 1!

California employers are facing a healthy dose of new requirements next month as the notice and posting provisions in the state’s recently enacted paid sick leave law take effect. To help employers comply before ringing in...more

12/10/2014 - Employer Mandates Paid Leave Posting Requirements Sick Leave Wage and Hour Wage Theft Prevention Act Year-End Planning

Global Employers: How Are You Managing Workplace Concerns About Ebola?

While the world moves quickly to contain the Ebola virus, businesses across the globe are scrambling to figure out how best to manage workplace concerns and protect their employees. But as employers develop their Ebola...more

11/12/2014 - CDC Ebola Popular Safety Precautions

Three Key EEO Cases to Watch on the SCOTUS Docket This Term

The Supreme Court is set to weigh in on several key questions for employers this term related to employee discrimination. When does an employer have to accommodate a pregnant employee? How about a job applicant who wears a...more

10/16/2014 - Abercrombie & Fitch EEOC EEOC v Abercrombie Employer Liability Issues Mach Mining Mach Mining EEOC SCOTUS Young v United Parcel Service

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

10/3/2014 - Discrimination EEOC Equal Pay Act Port Authority Sex Discrimination Wages

Doctor Doctor Give Me the News, Is My Employee Fit for Duty After FMLA Leave?

On April 15, 2014, a California appeals court ruled that after an employee returns to work from leave under the Family and Medical Leave Act (FMLA), an employer can require a medical reevaluation related to the health...more

4/30/2014 - Employer Liability Issues Fitness for Duty Exams FMLA Medical Examinations

“I Did It…But Don’t Tell!” Rejected Job Applicant Says Background Report Should Have Excluded his Admission of Fraud against...

Last week, a plaintiff sued the creator and the operator of the Esteem criminal background database—LexisNexis and First Advantage—alleging that they gave prohibited information to potential employers, which ultimately barred...more

2/13/2014 - Criminal Background Checks Employer Liability Issues Fraud Job Applicants

California Employers: Test Yourself – Are You Ready for 2014?

If you have employees in California, you are, no doubt, aware that California laws are constantly changing and have a tendency to sneak up on even the best companies. To help prepare you for the year ahead, here are five...more

12/4/2013 - Compliance Exemptions FEHA Whistleblower Protection Policies Whistleblowers Year-End Compliance Checklist Year-End Planning

EEOC Cut Short for Shortcutting Path to Court – Again

Last week, the EEOC suffered another major loss when a New York district court found that the EEOC once again shirked its pre-litigation obligations under Title VII. In EEOC v. Bloomberg, L.P., No. 1:07-cv-08383-LAP...more

9/17/2013 - Bloomberg Inc. Civil Rights Act Class Action Discrimination EEOC Pregnancy Discrimination Sex Discrimination Title VII

Supreme Court Votes Pro-Arbitration Once Again and Upholds Class Arbitration Waiver

Lest there be any lingering confusion, the U.S. Supreme Court has once again reminded us that arbitration agreements are to be “rigorously enforced.”...more

6/26/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act Pay-For-Delay SCOTUS

Department of Labor Clarifies When an Employee May Take FMLA Leave to Care for Adult Children

The ADA Amendments Act (“ADAAA”) expanded more than just employer liability for disability claims; it also broadened the scope of FMLA leave that employees may take to care for their adult children. On January 14, 2013, the...more

4/26/2013

California Supreme Court Allows See’s Candy Time Rounding Decision to Stand

Earlier last month, the California Supreme Court denied petitions to review and depublish the California Court of Appeal for the Fourth District’s decision in See’s Candy Shops, Inc. v. Superior Court, 210 Cal. App. 4th 889...more

3/4/2013 - See's Candy Shops Timekeeping Wage and Hour

EEOC Releases Its Strategic Enforcement Plan

On December 17, 2012, the EEOC released its Strategic Enforcement Plan. As previously reported, the EEOC released the draft SEP for public comment on September 4, 2012, with a plan to vote on and implement it by October 1....more

1/9/2013 - Anti-Retaliation Provisions Discrimination EEOC Equal Pay Hiring & Firing Recruitment Policies Strategic Enforcement Plan

Ringing in the New Year: New California Laws Taking Effect in 2013

As the new year rounds the corner, it is important to stay abreast of the ever-changing legal landscape in California. We’ve previously posted about some recent amendments to the California Labor Code here but here are a...more

12/4/2012 - Social Media

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