Veronica Gray

Veronica Gray

Nossaman LLP

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Did You Know…Bill Mandating Paid Sick Leave Signed By Governor

Governor Edmund G. Brown Jr. just signed the Healthy Workplaces, Healthy Families Act of 2014, which takes effect on July 1, 2015. The new law requires nearly every employer in California to provide any employee who has...more

9/12/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave

Did You Know…California Supreme Court Rules – No Franchisor Vicarious Liability

The California Supreme Court recently held in Patterson v. Domino’s Pizza, LLC, No. S204543 (Cal. Aug. 28, 2014) that a franchisor could not be held vicariously liable under the California Fair Employment and Housing Act...more

9/12/2014 - Dominos Employer Liability Issues FEHA Franchises Franchisors Sexual Harassment Vicarious Liability

Sea Change: Ninth Circuit Holds That FedEx Drivers Are Employees — Not Independent Contractors

The Ninth Circuit recently addressed the nearly decade long misclassification dispute between FedEx and its drivers, holding that drivers in California (as well as in Oregon) are FedEx employees, not independent contractors. ...more

9/4/2014 - Commercial Truck Drivers Employee Definition Employer Liability Issues FedEx Independent Contractors Misclassification Trucking Industry Wage and Hour

Did You Know…California Supreme Court Holds That a Challenge to Independent Contractor Status Is Class Certifiable

In Ayala v. Antelope Valley Newspapers the California Supreme Court held that the critical factor in determining whether a worker is an employee or an independent contractor is “the degree of a hirer’s right to control how...more

7/17/2014 - Class Action Employee Definition Employer Liability Issues Independent Contractors Misclassification Wage and Hour

Did You Know…California Supreme Court Holds Undocumented Workers Are Not Barred From All Relief

In Salas v. Sierra Chemical Co. the California Supreme Court recently held that an undocumented worker who fraudulently obtained employment through use of someone else’s social security number may seek damages for employment...more

7/1/2014 - After-Acquired Evidence Discrimination Hiring & Firing Immigration Reform Retaliation Termination Unclean Hands Undocumented Immigrants

The Ever-Changing Landscape of Employment Law: 2014 and Beyond

Nossaman Partner Veronica Gray recently participated in a virtual roundtable discussion with other leading employment attorneys and experts in the region to provide commentary regarding the current state of labor legislation,...more

5/16/2014 - Compliance DOL EEOC Employee Handbooks Employee Rights Hiring & Firing NLRA NLRB OSHA

Did You Know...Background Checks – Buyer [Employer] Beware!

As we recently reported at our annual employment law seminar and underscored in “Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks,” background checks are not only the focus of the EEOC and FTC, but also...more

3/19/2014 - Criminal Background Checks EEOC FCRA FTC

Did You Know...New Informal Guidance From EEOC & FTC Re Background Checks

As we recently reported at our annual employment law update, additional restrictions are being placed on the use of background checks in light of the potential for disparate impact and invasion of the right to privacy....more

3/17/2014 - Background Checks Criminal Background Checks Disparate Impact EEOC Employee Rights Employer Liability Issues FTC Right to Privacy

Did You Know…Update re California Family Rights Act (CFRA) – Proposed Pending Amendments

As you know in the past we have provided updates regarding changes with respect to the leave laws. Now on February 21, 2014, California’s Department of Fair Employment and Housing Council published proposed amendments to the...more

3/11/2014 - CFRA Compliance Employee Rights FMLA Same-Sex Marriage

Did You Know…The Continuing Saga Of Arbitration Agreements & Unconscionability

In light of the United States Supreme Court decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court recently reversed its own prior decision where it had held that an arbitration agreement that requires an...more

11/1/2013 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Contract Drafting Federal Arbitration Act Preemption SCOTUS Unconscionable Contracts Waivers

Did You Know…Lady Gaga Settles Wage And Hour Claim

As we reported to you earlier in the year during our annual employment seminars, Lady Gaga was sued by her former personal assistant who alleged Lady Gaga violated federal law by failing to pay her overtime for being...more

10/30/2013 - Lady Gaga On-Call Employees Unpaid Overtime Wage and Hour

Public Employees’ Facebook “Like” Is The Internet Equivalent Of A Political Yard Sign

The courts are taking steps to protect communications made via social media; e.g., Ehling v. Monmouth-Ocean Hospital Service Corp., No. 2:11-cv-03305 (D.N.J. Aug 20, 2013) (holding that private Facebook posts are protected...more

10/11/2013 - Facebook First Amendment Political Campaigns Political Expression Public Employees Social Media Stored Communications Act

Did You Know…Employee Privacy Rights May Be Trumped By Third Party Requests For Disclosure Of Contact Information

The California Supreme Court ordered the County of Los Angeles to disclose non-union employees’ contact information to SEIU Local 721. ...more

6/18/2013 - Disclosure Personally Identifiable Information SEIU Third-Party Unions

Did You Know…Additional Guidance Released By NLRB On Confidentiality And Employee-Related Investigations

As we reported in August 27, 2012, in Banner Health System* the National Labor Relations Board (NLRB) ruled that an employer violates Section 7 of the National Labor Relations Act (NLRA) when it maintains a blanket policy...more

5/2/2013 - Confidential Employer Investigations NLRB Workplace Investigations

Did You Know…A Sea Change In Class Action Certification

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more

4/9/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Rule 23 SCOTUS

Did You Know…New Pregnancy Regulations In Effect In California

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations addressing employers’ obligations and employees’...more

3/28/2013 - Disability Discrimination Discrimination FEHA FEHC Medical Leave Pregnancy Discrimination

Did You Know…New Regulations Released Governing Disability Discrimination In California

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the California Fair Employment and Housing Commission (FEHC) implemented new and amended regulations governing disability discrimination, reasonable...more

3/28/2013 - Disability Discrimination Discrimination FEHA FEHC Interactive Process Reasonable Accommodation

Did You Know…New FMLA Regulations Are In Effect

As we recently reported to you at our 2013 Emerging Employment Law Seminar, the Department of Labor’s Wage and Hour Division issued a Final Rule which amends the Family and Medical Leave Act (“FMLA”). The Final Rule...more

3/18/2013

Did You Know…Department Of Homeland Security Issues New I-9 Form – Now In Effect

The new, revised Form I-9, Employment Eligibility Verification, is now available. Employers should begin using this new form immediately, including when reverifying documents for employees (e.g., updating due to name change,...more

3/18/2013

Did You Know…Class Certification Denied In Wang v. Chinese Daily News

In Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. ...more

3/7/2013 - Class Action Class Certification Commonality Discrimination Dukes v Wal-Mart Predominance Requirement Rule 23 Wage and Hour

Did You Know…Blanket Confidentiality Requirements Regarding Employment-Related Investigations Violate Section 7 of the NLRA

As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled that a human resources consultant’s routine practice of...more

8/27/2012 - Banner Health System Collective Bargaining Confidential Information Human Resources Professionals Internal Investigations NLRA NLRB Protected Concerted Activity Section 7

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