News & Analysis as of

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

Lawsuit for a Retaliatory or Discriminatory Firing under the Labor Code May Not Be Filed Until After Fired Employee Completes...

After complaining about a supervisor smoking in the office, an employee of the State Assembly was fired. Believing the firing was motivated by his complaint, the employee filed a lawsuit against the Assembly, claiming...more

No Longer Black and White, Is the "Definitively and Specifically" Standard Now Grey?

While the Department of Labor's Administrative Review Board (ARB) and the majority of federal courts once agreed that, in order to engage in "protected activity" under the Sarbanes-Oxley Act (SOX), a whistleblower must...more

Supreme Court Decides Kloeckner v. Solis

On December 10, 2012 the U.S. Supreme Court issued a unanimous decision in Kloeckner v. Solis holding that “[a] federal employee who claims that an agency action appealable to the MSPB violates an antidiscrimination statute...more

Post-Apocalypse (Well, Post-Vacation, Anyway) Employment Law Roundup

Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more

Supreme Court Clarifies Appeals Rights For Federal Employees

On December 10, 2012, the Supreme Court handed down a critical victory to federal employees in a highly technical case. This decision now gives federal employees a simpler and less confusing process for appealing...more

What!?! Time Caring for Mom in Las Vegas is FMLA Leave

The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee's right to take FMLA leave to care for her mother during a recreational trip to...more

EEOC Obtains $5 Million Settlement in ADA Pattern and Practice Lawsuit

The Equal Employment Opportunity Commission reported in a press release that Interstate Distributor Company, a trucking firm, agreed to pay $4.85 million to settle a lawsuit alleging pattern and practice violations of the...more

Dream Act Might Be a Nightmare for Employers

On August 15, 2012, the Immigration Service began accepting applications for deferred action from certain individuals under 31 years of age who arrived in the United States more than five years ago as children under the age...more

Visit to doctor for prescription refill is not “treatment” for purposes of FMLA

The Family and Medical Leave Act (FMLA) provides unpaid leave time to eligible employees under specific circumstances, including the serious health condition of the employee. It is a violation of the FMLA for an employer to...more

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