Labor & Employment Civil Procedure

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SCOTUS: Courts Have Power To Review EEOC Conciliation Efforts

On April 29, 2015, the United States Supreme Court issued its decision in a legal battle over judicial oversight of the Equal Employment Opportunity Commission’s obligation to pursue conciliation prior to filing a lawsuit...more

EEOC Rolls Out “Digital Charge” Program For Private Employers

The EEOC began use of a new “Digital Charge” pilot program last Friday in the Charlotte, North Carolina, and San Francisco, California, field offices for employment discrimination charges filed against non-federal employers....more

Supreme Court Issues Decision on EEOC Conciliation in Mach Mining

On April 29, 2015, the Supreme Court issued a unanimous decision in Mach Mining, LLC v. EEOC, No. 13-1019, 575 U.S. __, 2015 U.S. Lexis 2984. In Mach Mining, the Court considered whether federal courts have the authority to...more

Testing, testing....EEOC Starts Its New Digital Charge Program

Employers in the Carolinas are part of an Equal Employment Opportunity Commission (“EEOC”) test program designed to “streamline” the employment discrimination charge process. As of May 1st, the EEOC’s field offices in...more

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

Unanimous Supreme Court Holds EEOC Must Conciliate

Title VII was passed with a strong bias toward voluntary, non-litigation methods of dispute resolution. Indeed, the statute requires that even when the EEOC has found probable cause, the Commission “shall endeavor to...more

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment

Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is maybe, according to the Ninth Circuit’s recent decision in Golden v. Calif....more

Supreme Court Endorses Limited Review of the EEOC’s Conciliation Efforts

Courts may review whether the EEOC satisfied its statutorily mandated obligation to attempt conciliation before filing suit, although the scope of judicial review is narrow....more

April 2015 Independent Contractor Compliance and Misclassification News Update

The leading news in the area of independent contractor compliance and misclassification in April 2015 is the settlement by Macy’s and its logistics company in New Jersey with the delivery drivers and their helpers used by...more

Proffers 101: When to Make Your Offer of Proof

Where a party challenges a trial court’s ruling excluding testimony, appellate courts generally require the substance of the excluded evidence to have been set forth on the record or else the challenge will not be properly...more

Caltrans Liable for Failure to Properly Address Employee’s Requests for Accommodation

Kamali v. California Department of Transportation, No. B247756 (March 17, 2015): In an unpublished opinion, the California Court of Appeal recently upheld a jury’s verdict finding the California Department of Transportation...more

Supreme Court: EEOC's Conciliation Efforts Subject to Limited Review

On April 29, 2015, the U.S. Supreme Court decided Mach Mining, LLC v. EEOC. Under this 9-0 decision, courts may review whether the Equal Employment Opportunity Commission (EEOC) met its obligation to attempt to conciliate...more

EEOC Set to Roll Out Digital Charge Pilot Program Starting May 1

The U.S. Equal Employment Opportunity Commission (EEOC) is rolling out a new Digital Charge System Pilot Program in several cities across the country as part of its overall strategic plan to digitize all of its records....more

California Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations

Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho...more

EEOC Denied Inspection Of Employer’s Premises

In EEOC v. Vicksburg Healthcare, LLC, No. 13-CV-895 (S.D. Miss. Apr. 22, 2015), Magistrate Judge Michael T. Parker of the U.S. District Court for the Southern District of Mississippi denied the EEOC’s request to be allowed to...more

Collective Redundancy Consultation: European Court Judgment is Good News for UK Employers

We reported recently on the Advocate General's opinion in the Woolworths collective redundancy case. At the time, we were still awaiting the final decision of the European Court. That decision has now been delivered and it...more

California Employer Successful in Arbitration Policy Dispute

Serafin v. Balco Properties Ltd., LLC, No. A141358 (March 16, 2015): The California Court of Appeal for the First Appellate District recently upheld an arbitration award in favor of an employer despite the employee’s...more

California Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review

Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to...more

Employers Beware in Race Discrimination Cases

Several recent cases highlight the fact that employers should think twice before failing to properly address a Title VII complaint. Failing to do so may result in their winding up in a jury trial. That fact is most recently...more

Court Of Chancery Explains Limits Of Ratification Defense

This decision reviews the history of the effect of stockholder ratification on director compensation. Briefly, stockholder ratification will cause the compensation to be subject to the business judgment standard of review...more

California Confectioner Defeats Worker’s Age Discrimination Claim

Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a...more

Ninth Circuit Overturns Summary Judgment Issued in Favor of Employer in Retaliation Case

Lukov v. Schindler Elevator Corp., No. 12-17695 (February 24, 2015): In an unpublished decision, the Ninth Circuit recently overturned summary judgment granted to an employer on the plaintiff’s retaliation claims. William...more

Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics....more

Weigand v. N.L.R.B: A Double Standard for Social Media?

On April 17, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld a National Labor Relations Board (“NLRB” or “Board”) decision finding a local branch of the Amalgamated Transit Union (“Union”) could...more

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

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