Mark Theodore

Mark Theodore

Proskauer Rose LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

California Employment Law Notes

Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee - Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) - Taylor Patterson was hired by Sui Juris (a franchisee...more

9/9/2014 - Dominos Employer Liability Issues Franchisors Sexual Harassment Vicarious Liability

NLRB Overturns Decert Election Based On Employer’s “Promises” Of 401(k)

The last few months have seen very little in the way of NLRB decisions. The recent Supreme Court decision where the recess appointments to the NLRB were invalidated, likely will further slow down the process of issuing...more

7/18/2014 - 401k Corporate Counsel Employee Benefits NLRA NLRB

Supreme Court Invalidates Recess Appointments To NLRB: Several Labor Board Decisions Now In Doubt

In a rare 9-0 decision issued today, the United States Supreme Court invalidated the recess appointments President Obama made to the NLRB on January 4, 2012, while the Senate was in a three day recess. The decision in...more

6/27/2014 - Canning v NLRB NLRA NLRB Recess Appointments SCOTUS

California Employment Law Notes - May 2014

Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed - Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014). Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more

5/14/2014 - Age Discrimination Class Certification Employee Rights Employer Liability Issues FICA Taxes Fitness for Duty Exams FMLA Hiring & Firing Public Employees Putative Class Actions Sarbanes-Oxley Severance Pay Sexual Harassment

San Francisco Releases "Ban the Box" Notice for Posting and Distribution

San Francisco's new Fair Chance Ordinance ("FCO") "bans the box" and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

California Employment Law Notes - March 2014

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed - Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was...more

3/7/2014 - Oil & Gas Sexual Harassment

San Francisco "Bans the Box" for Private Employers and City Contractors

The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more

2/24/2014 - Arrest and Conviction Records Ban the Box Criminal Background Checks Employment Application Hiring & Firing Human Resources Professionals Municipalities Publication Requirement Recordkeeping Requirements Recruitment Policies

California Employment Law Notes - January 2014

TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights - Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) - Kyle Hunter sued CBS Broadcasting for age and gender...more

1/15/2014 - Age Discrimination CBS Free Speech Gender Discrimination Hiring & Firing Television Broadcast Stations

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

11/12/2013 - Attorney's Fees Disability Disability Discrimination Distracted Driving Employer Liability Issues Jury Instructions Negligence Punitive Damages Substantial Motivating Factor Test Trade Secrets

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. The new law takes effect January 1,...more

11/6/2013 - Arrest and Conviction Records Criminal Background Checks Criminal Records Hiring & Firing Prior Conviction

NLRB Prepared (Sort Of) For Government Shutdown

The shutdown of the federal government has reached many facets of society, including the NLRB. The agency for all intents and purposes closed within a day of the lapse in funding, with Board agents throughout the country...more

10/10/2013 - Government Shutdown NLRB

NLRB Rules That Union’s Offer To Waive Dues For Six Months To Make Up For Tiny Wage Increase Did Not Interfere With...

As of July 31, the NLRB has a full complement of Board Members, for the first time in about ten years. The fact the deal on appointments has been progressing for a few weeks did not prohibit the three member Board of...more

8/2/2013 - Decertify NLRB Political Appointments Union Dues Unions Wages Waivers

NLRB: Employee’s Outburst In Calling Manager “Trouble” Not So Egregious As To Render Conduct Unprotected

A theme we have followed here with interest is protected concerted activity, and what kinds of conduct might render otherwise protected activity “unprotected.”...more

7/1/2013 - Hiring & Firing NLRA NLRB Protected Concerted Activity Termination

NLRB Rights Poster Rule Gets Torn Down Again, This Time By Fourth Circuit

Of the many actions by the NLRB during the last few years, one of the most contentious has been its attempt to require all private employers falling under its jurisdiction to post a notice informing employees of their rights...more

6/17/2013 - NLRA NLRB Notice Requirements Posting Requirements Statute of Limitations Unions

NLRB Upholds One Election, Overturns Another In Pair Of Decisions

The very real questions about the NLRB’s decision-making authority may have finally slowed the agency down. We have come to expect over the last few years, a relentless expansion of NLRB authority and reach, especially given...more

6/10/2013 - NLRB Union Elections Union Representatives Unions

Employer Merely Granted Employee’s Wish To Be Terminated, NLRB Div. Of Advice Rules

Social media permeates society. It was inevitable that the increased use of smart phones and various communications platforms such as Facebook and Twitter would clash with the workplace. We have noted several instances where...more

5/30/2013 - Hiring & Firing NLRB Social Media Termination

DC Circuit Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

A federal appeals court has rebuffed the NLRB's attempt to require employers to post in a "conspicuous" place in a workplace a poster that informs employees of their rights under the National Labor Relations Act. The NLRB's...more

5/14/2013 - Free Speech NLRA NLRB Notice Requirements Posting Requirements Quorum Statute of Limitations

DC Court of Appeals Invalidates NLRB Rights Poster Holding Regulation Violates NLRA

A federal appeals court today rebuffed the NLRB’s attempt to require all employers under its jurisdiction to post in a “conspicuous” place in the workplace a poster that informs employees of their rights under the National...more

5/8/2013 - Equitable Tolling Free Speech NLRA NLRB Notice Requirements Recess Appointments Statute of Limitations

U.S. Government Formally Seeks Supreme Court Review Of Recess Appointment Case

As noted here earlier, the government announced its intention to seek Supreme Court review of the DC Circuit decision which held that the President’s recess appointments to the NLRB were unconstitutional. The 138 page...more

4/29/2013 - NLRB Recess Appointments SCOTUS

NLRB: Employer Responsible For Backpay Of Union Representative Allegedly Injured During Workplace Assault

The NLRB has ruled that an employer is liable to lost wages for a union representative who allegedly suffered injuries "after being pushed down a flight of stairs at a work site. The case is Norquay Construction, Inc., 359...more

4/19/2013 - Collective Bargaining Construction Workers Employer Liability Issues Lost Wages NLRB Subcontractors Unions

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The Act

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback...more

3/15/2013 - Employee Handbooks NLRA NLRB Protected Concerted Activity Unions

Update: NLRB Seeks U.S. Supreme Court Review Of Recess Appointments

The NLRB announced today that the agency would seek U.S. Supreme Court review of the D.C. Circuit decision in Noel Canning, which ruled that the President’s recess appointments made last year (and perhaps in the years prior)...more

3/13/2013 - Canning v NLRB NLRB Recess Appointments SCOTUS

Ambush Election Rules Fall Into Noel Canning Abyss As Court Puts Hold On Decision

The fallout from Noel Canning has been felt far and wide. The DC Circuit Court’s January 25, 2013 decision certainly put all NLRB decisions made since January 4, 2012 (the date Members Block and Griffin received their recess...more

2/20/2013 - Abeyance Ambush Election Rules Appeals Canning v NLRB NLRB

Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward

The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess appointments to the National Labor Relations Board ("NLRB" or "Board")....more

1/29/2013 - Barack Obama Canning v NLRB NLRB Political Appointments Pro Forma Sessions Recess Appointments

37 Results
|
View per page
Page: of 2