Peter Felsenfeld

Peter Felsenfeld

Hinshaw & Culbertson LLP

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6th Circuit: Telling Supervisor to Stop Harassing Conduct Is Protected Activity Under Title VII

A company cannot fire an employee in retaliation for complaining to supervisors about sexual harassment, the Sixth Circuit recently held in Equal Employment Opportunity Commission v. New Breed Logistics, No. 13-6250 (6th Cir....more

4/28/2015 - Civil Rights Act EEOC Hiring & Firing Retaliation Sexual Harassment Title VII

Court Shoots Down ADA Discrimination Claim Premised on Employer's Alleged Embarrassment

It would never occur to most employers that "embarrassment" could serve as the grounds for a disability discrimination claim, but that's exactly what an employee attempted to argue in Lester v. City of Lafayette. In this...more

3/30/2015 - ADA Adverse Employment Action Disability Discrimination Discrimination Hiring & Firing Municipalities Termination

Oakland Minimum Wage and Sick Leave Requirements Take Effect This Week

Employers in Oakland, California take note: A voter-approved measure raising Oakland's minimum wage and creating sick leave requirements for workers in the City went into effect this week. If you have employees in Oakland,...more

3/9/2015 - Local Ordinance Minimum Wage Paid Leave Sick Leave

Eighth Circuit Holds That Supervisor's Bizarre Conduct Does Not Constitute Discrimination

In Rickard v. Swedish Match North America, Inc., the Eighth Circuit held that a supervisor's allegedly inappropriate behavior did not rise to the level of actionable discrimination based on age and sex. The case reminds us...more

12/9/2014 - Age Discrimination Corporate Counsel Employer Liability Issues Hostile Environment Sex Discrimination

Fifth Circuit Hands Down Mixed Ruling on Validity of Later-Added Arbitration Clause

Employers must always be careful when adding an arbitration clause to an existing employment agreement. The amendment process becomes even trickier when the employment relationship is governed by multiple documents.That was...more

10/27/2014 - Arbitration Agreements Employer Liability Issues Employment Contract Forum Selection Clause Independent Contractors Salespersons

After NLRB v. Canning: A Practical Guide For Employers

The Supreme Court’s decision last week in NLRB v. Canning left many employers scratching their heads – and with good reason. Sure, the unanimous ruling served as a rebuke to the Obama Administration, and hundreds of...more

7/1/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Supreme Court Strikes NLRB Recess Appointments

The United States Supreme Court has struck down President Obama’s controversial 2012 nominations to the NLRB, holding that the President violated the Constitution by using his recess appointments power when the Senate was...more

6/27/2014 - Barack Obama Canning v NLRB NLRB Recess Appointments SCOTUS

Employment Discrimination Plaintiff Cannot Change Legal Theories at Trial

In Rosenfeld v. Abraham Joshua Heschel Day School, Inc., the Second Appellate District held that a plaintiff whose pleadings alleged intentional employment discrimination could not assert a disparate impact theory for the...more

6/3/2014 - Discrimination Disparate Impact Employer Liability Issues Trials

Rite Aid Cashiers Can Proceed with Class Action

In Hall v. Rite Aid Corp., the Fourth Appellate District reversed the trial court’s decertification of a putative class of cashiers who challenged their employer’s policy of requiring them to stand while checking out...more

5/28/2014 - Appeals Class Certification Employer Liability Issues Employment Policies Labor Code Putative Class Actions Rite Aid

Obama Administration Relaxes Employer Mandate

The moving target that is the Affordable Care Act’s employer mandate keeps on moving. The Treasury Department today issued a rule relaxing important employer requirements under the ACA, foremost among them to postpone...more

2/11/2014 - Affordable Care Act Employer Mandates Healthcare

Obama Administration Bends Individual Mandate Rules

With the deadline to select health coverage just days away, the Obama administration has given an early Christmas present to individuals whose policies were cancelled because of the Affordable Care Act (“ACA”)....more

12/23/2013 - Affordable Care Act Healthcare Individual Mandate

California Restaurant Managers Get Second Chance at Class Action

In Martinez v. Joe’s Crab Shack Holdings, the California Court of Appeal for the Second Appellate District reversed an order denying class certification to a group of managerial restaurant employees allegedly misclassified as...more

12/17/2013 - Class Action Class Certification Exempt-Employees Non-Exempt Employees Restaurant Industry

Companies Increasingly Look To Captive Insurance

Companies seeking an alternative to traditional risk management approaches are increasingly turning to the captive insurance market, especially for recurring and foreseeable losses. As most commonly understood, the...more

11/26/2013 - Captive Insurance Company Corporate Counsel Employer Liability Issues Risk Assessment Risk Management

California Will Not Allow Health Insurers to Reinstate Coverage

More than a million California residents whose health plans were cancelled under the Affordable Care Act, a.k.a. Obamacare, will not be able to keep their existing coverage, despite President Obama’s directive that insurers...more

11/25/2013 - Affordable Care Act Health Insurance Exchanges Healthcare Healthcare Reform

California Will Not Allow Health Insurers to Reinstate Coverage

More than a million California residents whose health plans were cancelled under the Affordable Care Act, a.k.a. Obamacare, will not be able to keep their existing coverage, despite President Obama’s directive that insurers...more

11/25/2013 - Affordable Care Act Health Insurance Exchanges Healthcare Healthcare Reform

Obamacare Chaos: Two Lessons for Employers

Dysfunctional websites. Low enrollment numbers. Public outrage over cancelled health policies. Mea cuplas. A presidential administrative “fix.” Competing Congressional solutions. Finger pointing. It’s enough to make...more

11/19/2013 - Affordable Care Act Healthcare

Senate Passes LGBT Workplace Anti-Discrimination Bill

The U.S. Senate passed a bill last week that would provide workplace protections to gays, lesbians and transgender individuals. The so-called “Employment Nondiscrimination Act” passed the Democratic-led chamber on a 64...more

11/12/2013 - Discrimination ENDA LGBT Proposed Legislation Sexual Orientation Discrimination

Pro-Union Attorney to Head NLRB

The U.S. Senate has confirmed union lawyer Richard Griffin to serve as general counsel for the National Labor Relations Board (“NLRB”)....more

10/31/2013 - NLRB Political Appointments Richard Griffin

Courts May Certify Class Claims Where Damages Differ

In Benton v. Telecom Network Specialists, Inc., the California Court of Appeal for the Second Appellate District affirmed that employee wage and hour and meal break cases may be suitable for class certification even where...more

10/22/2013 - Class Action Class Certification Complex Litigation Damages Employer Liability Issues Rest and Meal Break Wage and Hour

EEOC Ordered To Pay Attorney’s Fees and Costs After Bogus Discrimination Case

The Sixth Circuit has ordered the Equal Employment Opportunity Commission (“EEOC”) to pay more than $750,000 in attorney’s fees and costs for pursuing a frivolous employment discrimination case....more

10/15/2013 - Attorney's Fees Criminal Background Checks Discrimination EEOC Frivolous Lawsuits Race Discrimination

Arbitration Agreement Dos and Don’ts

We recently posted a summary of Peng v. First Republic Bank, a case discussing the validity of an arbitration agreement contained in an employment contract. Peng is favorable for employers because the court there held that...more

10/3/2013 - Arbitration Arbitration Agreements Contract Drafting Employment Contract Unconscionable Contracts

Employer’s Arbitration Agreement Passes Muster

In Peng v. First Republic Bank, the California Court of Appeal for the First Appellate District rejected an employee’s contention that a company’s standard arbitration agreement was unconscionable. ...more

10/1/2013 - Arbitration Arbitration Agreements Bad Faith Employment Contract Unconscionable Contracts

Obamacare Small Business Exchange Delayed

Mounting technical delays are complicating the implementation of the Affordable Care Act, aka Obamacare. The website Politico is reporting that the Obama Administration intends to delay a portion of Obamacare aimed at...more

9/27/2013 - Affordable Care Act Health Insurance Exchanges Healthcare Small Business

Are You Ready For Obamacare’s Employee Notice Requirements?

An important deadline for employers regarding the Affordable Care Act, or Obamacare, is just around the corner. By October 1, 2013, employers must notify employees of the coverage options available on health insurance...more

9/23/2013

No Anti-SLAPP Protection For Statements To Coworkers

In Cho v. Chang, the California Court of Appeal, Second Appellate District held that an employee’s statements to coworkers about alleged discrimination were not protected activities triggering special protection under...more

9/20/2013 - Anti-SLAPP Discrimination FEHA Oral Communications Protected Activity Retaliation Sexual Harassment

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