California Appellate Panel Sets Standard for Disability Discrimination Jury Instructions -
Why it matters -
How should a California trial court properly instruct a jury regarding an employer's intent to discriminate...more
Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes -
Why it matters -
The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more
1/18/2016
/ Actual Injuries ,
ADEA ,
Age Discrimination ,
Caregivers ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Hostile Environment ,
Human Rights ,
Independent Contractors ,
Job Applicants ,
Labor Law Violations ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Successor Liability ,
Title VII ,
Transgender ,
Uber ,
Wage and Hour
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
10/28/2015
/ Absenteeism ,
Americans with Disabilities Act (ADA) ,
Anti-Pay Secrecy ,
Attorney General ,
Attorney's Fees ,
Background Checks ,
Consent ,
Criminal Background Checks ,
Data Privacy ,
Data Security ,
Disclosure ,
Employment Application ,
Employment Discrimination ,
Equal Pay Act ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Fair Credit Reporting Act (FCRA) ,
Fair Pay Act ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
International Data Transfers ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Job Applicants ,
Kohls ,
Labor Code ,
Mandatory Arbitration ,
Military Leave ,
Military Service Members ,
New Legislation ,
Non-Exempt Employees ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Personal Data ,
Prevailing Party ,
PTSD ,
Putative Class Actions ,
Recordkeeping Requirements ,
Retailers ,
Reversal ,
Substantially Similar ,
Termination ,
Unpaid Overtime ,
Unpaid Wages ,
US-EU Safe Harbor Framework ,
USERRA ,
Volvo ,
Wage and Hour ,
Wage Theft
Take the Cure: New California Law Permits Corrections of Wage Statement Violations -
Why it matters:
Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more
10/19/2015
/ Adverse Employment Action ,
Anti-Harassment Policies ,
Bias ,
Confidential Information ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Email ,
Employee Handbooks ,
Employee Retention ,
Employee Training ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Faragher/Ellerth defense ,
Gender Discrimination ,
Governor Brown ,
Hiring & Firing ,
Hostile Environment ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Internships ,
Job Applicants ,
Labor Code ,
Negligent Hiring ,
New Legislation ,
NLRA ,
NLRB ,
Primary Beneficiary Test ,
Private Attorneys General Act (PAGA) ,
Protected Class ,
Protected Concerted Activity ,
Right To Cure ,
Sex Discrimination ,
Sexual Harassment ,
Summary Judgment ,
Supervisors ,
Title VII ,
Unpaid Interns ,
Verizon ,
Wage and Hour ,
Wage Statements
FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions -
Why it matters:
A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more
10/5/2015
/ Anti-Retaliation Provisions ,
Background Checks ,
Ban the Box ,
Barnes and Noble ,
Conditional Job Offers ,
Confidentiality Agreements ,
Consent ,
Criminal Background Checks ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Gender Discrimination ,
Gender Equity ,
Hiring & Firing ,
Individual Accountability ,
Internal Reporting ,
Job Applicants ,
Judicial Review ,
Mach Mining v EEOC ,
Notice Requirements ,
Pending Legislation ,
Remand ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sex Discrimination ,
Split of Authority ,
Title VII ,
Whistleblower Protection Policies ,
White Collar Crimes ,
Yates Memorandum
California Sick Leave Law Gets Updates -
Why it matters:
California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more
8/10/2015
/ Accrued Benefits ,
Administrative Interpretation ,
Amicus Briefs ,
Appearance Policy ,
Back Pay ,
CA Supreme Court ,
Cheerleaders ,
Classification ,
Department of Labor (DOL) ,
DLSE ,
Economic Realities Test ,
EEOC v Abercrombie ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Governor Brown ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Independent Contractors ,
Labor Commissioners ,
Misclassification ,
New Guidance ,
New Legislation ,
NFL ,
Non-Exempt Employees ,
Putative Class Actions ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Sick Leave ,
Sick Pay ,
Suitable Seats Lawsuits ,
Title VII ,
UPS ,
Wage and Hour
DOL Proposes Major Overhaul of Overtime Rules:
Why it matters -
Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more
7/23/2015
/ Americans with Disabilities Act (ADA) ,
Class Certification ,
Classification ,
Comment Period ,
Conciliation ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fox Searchlight Pictures ,
Gender Discrimination ,
Hiring & Firing ,
Internships ,
IRS ,
Mach Mining v EEOC ,
Misclassification ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Primary Beneficiary Test ,
Proposed Regulation ,
Reasonable Accommodation ,
Section 6722 ,
Sex Discrimination ,
Tax Penalties ,
Trade Preferences Extension Act (TPEA) ,
Unpaid Interns ,
W-2 ,
Wage and Hour ,
White-Collar Exemptions
Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules -
Why it matters:
In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more
6/15/2015
/ Abercrombie & Fitch ,
Class Action ,
Disability ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health Care Providers ,
Hiring & Firing ,
Litigation Strategies ,
Mootness ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Religious Accommodation ,
Religious Discrimination ,
Rest and Meal Break ,
SCOTUS ,
Security Guards ,
Settlement ,
TCPA ,
Text Messages ,
Texting ,
Title VII ,
Wage and Hour
LinkedIn Search Doesn’t Implicate FCRA, California Court Rules -
Why it matters:
Granting LinkedIn’s motion to dismiss, a federal court judge in California held that LinkedIn users could not sue the site for...more
4/30/2015
/ Americans with Disabilities Act (ADA) ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Gender Discrimination ,
H-1B ,
Hiring & Firing ,
LinkedIn ,
Social Media ,
Telecommuting ,
Transgender ,
USCIS ,
Visas
California Jury Awards Record $185M Verdict to Female Employee -
Why it matters: A California jury made national headlines and terrified employers across the country when it awarded $185 million in punitive damages...more
California Enacts Paid Sick Leave -
Why it matters: Employers in California must now provide three paid sick days per year for workers, pursuant to a new law going into effect on July 1, 2015. The controversial...more
9/19/2014
/ Ban the Box ,
Cell Phones ,
Criminal Background Checks ,
Employer Liability Issues ,
FedEx ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Misclassification ,
New Legislation ,
NLRB ,
Paid Leave ,
Reimbursements ,
Same-Sex Marriage ,
Sick Leave
Telecommuting May Constitute A Reasonable Accommodation Under The ADA -
Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more
5/15/2014
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Apple ,
Arbitration ,
eBay ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Google ,
Hiring & Firing ,
Intel ,
Intuit ,
Pixar ,
Reasonable Accommodation ,
Telecommuting
Time To Review Severance Agreements -
Why it matters: The Equal Employment Opportunity Commission filed a complaint against CVS Pharmacy last week. The Illinois federal court suit claims the national chain violated...more
Recent case law confirms the need for employers to be cautious about mechanically applying pregnancy disability leave laws without considering the implications of the Fair Employment and Housing Act....more