NLRB Goes One Step Further, Holds Optional Waiver of Class Action Arbitrations Illegal -
Why it matters -
Reiterating its stance against arbitration agreements that prohibit class or collective actions, a panel of...more
12/14/2015
/ Class Action Arbitration Waivers ,
Disability Discrimination ,
Dodd-Frank ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
IBM ,
NLRB ,
Reasonable Accommodation ,
Rest and Meal Break ,
Securities and Exchange Commission (SEC) ,
Wage and Hour ,
Whistleblowers
From the California Legislature: New Employment Laws, Bills Set for Signature:
Why it matters -
The California Legislature has been busy with employment-related bills, passing measures to provide additional...more
9/16/2015
/ Adverse Employment Action ,
Amended Legislation ,
Americans with Disabilities Act (ADA) ,
Class Certification ,
Disability Discrimination ,
Discrimination ,
Dodd-Frank ,
Employee Releases ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
FRCP 23 ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Independent Contractors ,
Labor Code ,
Mandatory Arbitration Clauses ,
Misclassification ,
New Legislation ,
Pay Secrecy ,
Pending Legislation ,
Reasonable Accommodation ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Title VII ,
Uber ,
Whistleblower Protection Policies ,
Whistleblowers ,
Work Suspensions
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
To Accommodate or Not to Accommodate? U.S. Supreme Court Weighs in on Pregnant Employees -
Why it matters:
The U.S. Supreme Court decided the first of two major employment law cases this term when a 6-3 majority of...more
4/21/2015
/ Americans with Disabilities Act (ADA) ,
Confidentiality Agreements ,
Dodd-Frank ,
Facebook ,
NLRA ,
NLRB ,
Obscenity ,
Pregnancy Discrimination ,
Protected Concerted Activity ,
Reasonable Accommodation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Union Related-Speech ,
Whistleblowers ,
Young v United Parcel Service
No Class Action Waivers on PAGA Claims: With Cert Denial, California’s Iskanian Decision Stands -
Why it matters: It’s official: The U.S. Supreme Court has declined to review the California Supreme Court’s decision in...more
2/5/2015
/ ABC Test ,
Arbitration ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Employee Definition ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Iskanian v CLS Transportation ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
SCOTUS ,
Sick Leave
U.S. Supreme Court: Security Screenings Not Compensable -
Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by...more
1/26/2015
/ Amazon ,
Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Integrity Staffing v Busk ,
Internet Retailers ,
NLRB ,
On-Call Employees ,
Reasonable Accommodation ,
Rest and Meal Break ,
Retailers ,
SCOTUS ,
Security Checks ,
Wage and Hour
EEOC Sues Over Transgender Discrimination -
Why it matters: In its first cases alleging bias against transgender employees, the Equal Employment Opportunity Commission has filed suit against a Florida eye clinic and a...more
10/20/2014
/ Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
IRS ,
NLRB ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Social Media Policy ,
Title VII ,
Transgender ,
Unpaid Interns ,
Wage and Hour
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
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