Tim Long

Tim Long

Orrick, Herrington & Sutcliffe LLP

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Are Your California Leave Policies Up to Date? New California Family Rights Act Regulations Take Effect July 1, 2015

The California Fair Employment and Housing Council recently issued new California Family Rights Act (“CFRA”) regulations that take effect July 1, 2015. The new revisions are intended to clarify confusing rules and align the...more

5/7/2015 - CFRA Employment Policies FMLA Paid Leave Sick Leave

High Court Says “Let It Ride”; Limo Company Fails to Flag Down Enough Justices to Hear PAGA Carve-out Case

On January 20, the United States Supreme Court denied certiorari in CLS Transportation Los Angeles LLC v. Iskanian, leaving intact a decision by the California Supreme Court holding that representative Private Attorney...more

1/28/2015 - Arbitration Class Action Class Action Arbitration Waivers Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian v CLS Transportation PAGA Petition for Writ of Certiorari SCOTUS Trucking Industry

The Next Frontier in ADA Litigation: Website and App Access for the Disabled

For the last several years, consumers have increasingly turned to online shopping as an alternative to traditional "brick and mortar" stores. Some reports showed that "Cyber Monday" sales figures beat out those for "Black...more

12/24/2014 - Accessibility Rules ADA Class Action Corporate Counsel DOJ Internet Retailers Mobile Apps Netflix Popular Public Accommodation Redbox Retailers Target Title III Website Accessibility

Actions Speak Louder than Words: Jury Awards $185 Million in Punitive Damages in Pregnancy Discrimination Suit

On November 17, 2014, a San Diego federal jury of five men and three women awarded Plaintiff Rosario Juarez $185 million dollars in punitive damages in her pregnancy discrimination lawsuit against her former employer AutoZone...more

11/25/2014 - Adverse Employment Action Automotive Industry AutoZone Compensatory Damages Corporate Counsel EEOC Enforcement Actions Gender Discrimination PDA Pregnancy Discrimination Punitive Damages Retailers Wrongful Termination

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender identity and...more

8/28/2014 - Barack Obama Discrimination DOL EEOC Employer Liability Issues Executive Orders Federal Contractors Gender Discrimination Gender Identity LGBT Title VII Transgender

Federal Preemption Defense Running Out of Gas?

Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims. At issue...more

8/14/2014 - Employee Rights Employer Liability Issues FAAAA Federal Aviation Act Minimum Wage Preemption Rest and Meal Break Trucking Industry Wage and Hour

Extra! Extra! Read All About It: California Supreme Court Affirms Reversal of Class Certification Denial for Class of Newspaper...

The California Supreme Court in Ayala v. Antelope Valley Newspapers, Inc. recently affirmed and remanded the reversal of a denial of class certification in an independent contractor misclassification case, emphasizing the...more

7/2/2014 - Class Action Class Certification Employer Liability Issues Independent Contractors Misclassification News Corp

The Joint-Employer Standard: Like All Good Things, Is It About To Meet Its End?

On May 12, the National Labor Relations Board issued a notice and call for amicus briefs to address whether the Board should maintain its existing joint-employer standard or adopt a new one. Notice and Invitation to File...more

5/20/2014 - Employee Rights Joint Employers NLRA NLRB

“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

Company E-mail Use Policies: The Next Battleground for the NLRB?

As reported in prior blogs, the National Labor Relations Board (NLRB) has become increasingly active in attacking employer policies on the grounds that those policies chill employees’ rights to engage in concerted activity....more

11/6/2013 - Compliance Email Employee Rights Employer Liability Issues Enforcement NLRB

NLRB Continues to Hold Firm on D.R. Horton Reasoning Despite Contrary Decisions in the Courts

Despite increasing rejection of the NLRB’s controversial D.R. Horton decision by almost all federal courts which have considered it, an NLRB administrative law judge recently felt there was no choice but to follow Board...more

9/11/2013 - Arbitration Class Action Class Action Arbitration Waivers D.R. Horton D.R. Horton v NLRB Ernst & Young GameStop NLRA NLRB

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 to Clarify Standard of Proof in FEHA Discrimination Cases

Last month, the California Supreme Court heard oral arguments in a case that will clarify the standard of proof required for “mixed-motive” discrimination claims under the California Fair Housing and Discrimination Act...more

1/18/2013 - Discrimination FEHA Hiring & Firing Mixed Motive Cases Pregnancy Discrimination Termination

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