News & Analysis as of

Employment Law - October 2015 #3

New California Employment Laws on Fair Pay, Waiver of Meal Periods - Why it matters: California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more

Coalition Loyalty Programs Spread to Retail Shopping In the U.S.

Seven major brands, including Macy’s, Rite Aid and ExxonMobil, recently joined forces to launch “Plenti,” a loyalty program that encompasses an entire team of retailers. American Express, which operates the program,...more

Proxy Access – Week of May 17 – The Trend Is Less Clear

During the week of May 17, 2015, 8-Ks were filed that disclosed six shareholder sponsored proxy access proposals passed and five failed. All required three percent ownership for three years and all were opposed by the...more

Employee who quit during interactive process cannot pursue ADA claim

A federal appeals court recently decided against an employee who failed to satisfy her obligation to cooperate in the interactive process with her employer when searching for a reasonable accommodation for her disability....more

Employee's Resignation in Midst of Interactive Accommodation Process Dooms ADA Claim

Employers understand that in the event that an employee requests a workplace accommodation due to a disability, they are legally required to explore the accommodation with the employee through the “interactive process.”...more

Employee’s Failure to Participate in Interactive Process Dooms ADA Claim

A diabetic employee who quit her job in response to her employer’s rejection of her suggested “reasonable accommodation” cannot support claims under the Americans with Disabilities Act (ADA), according to the First Circuit...more

First Circuit Confirms Importance of Good Faith Interactive Process

The First Circuit Court of Appeals has given us yet another case demonstrating the importance of not only engaging in the interactive process, but doing so in good faith....more

Consent Decree in Window Covering Case Takes One Defendant From Case

Hunter Douglas, Inc. v. Kohl’s Corporation, et al. Case Number: 1:14-cv-01743 - Plaintiff Hunter Douglas and defendant Welcome Industrial Corp. entered into a consent decree enjoining Welcome from infringing...more

Advertising Law -- Jun 07, 2013

SPECIAL FOCUS: CFPB - The Dodd-Frank Act provides that the Consumer Financial Protection Bureau ("CFPB") may take action against certain persons who engage in unfair, deceptive or abusive acts or practices....more

Green Building Update -- May 17, 2013

Green Building Focus - GSA committee endorses LEED for GSA Buildings: USGBC Official Blog - May 3 The GSA's Green Building Advisory Committee officially recommended that the LEED system be used for all GSA buildings...more

Price Advertisements Matter: Ninth Circuit Finds False Sale Prices Give Plaintiffs UCL Standing

Following the California Supreme Court’s lead in Kwikset that “labels matter,” the Ninth Circuit Court of Appeals recently held that “price advertisements matter.” In Hinojos v. Kohl’s, the Ninth Circuit reversed the...more

Retail Customers Obtain Unusually Favorable Settlement In Zip Code Collection Case

On January 11, the U.S. District Court for the Northern District of California approved a settlement between a retailer and a class of customers to resolve allegations that the retailer violated the California Song-Beverly...more

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