In an 8-to-1 decision, the U.S. Supreme Court just made it easier for federal employees and applicants to prove age discrimination by ruling that courts should not apply a heightened causation standard in such cases. By...more
4/13/2020
/ ADEA ,
Age Discrimination ,
Babb v Wilkie ,
Burden of Proof ,
But For Causation ,
Corporate Counsel ,
Employer Liability Issues ,
Federal Employees ,
Hiring & Firing ,
McDonnell Douglas Formula ,
Remedies ,
Reversal ,
SCOTUS ,
Standard of Care ,
Summary Judgment
Among other challenges in the last week, California employers have grappled with important issues relating to reducing their workforces: Are we subject to the state and federal laws requiring advance notice of layoffs? If so,...more
California’s prohibition against contracts that restrain a person’s ability to engage in a lawful business, profession, or trade is well-established and well-known. Ten years ago, in Edwards v. Arthur Andersen LLP (2008) 44...more
1/22/2019
/ Appeals ,
Breach of Contract ,
Business & Professions Code ,
Confidentiality Agreements ,
Employment Contract ,
Former Employee ,
Former Employer ,
Hiring & Firing ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Staffing Agencies ,
Temporary Employees
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more
5/5/2017
/ Computer Programmers ,
Corporate Counsel ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Gig Economy ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
NLRB ,
Obscenity ,
On-Demand Services ,
OSHA ,
Protected Concerted Activity ,
Salary/Wage History ,
SCOTUS ,
Secretary of Labor ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Tribal Employees ,
Trump Administration ,
Unions ,
USCIS ,
Young Lawyers
In a 7 to 1 decision, the U.S. Supreme Court ruled today that courts of appeals should largely defer to lower courts’ decisions when policing subpoenas issued by the Equal Employment Opportunity Commission (EEOC). By...more
4/4/2017
/ Abuse of Discretion ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Civil Rights Act ,
De Novo Standard of Review ,
Discovery ,
Discovery Disputes ,
Employee Evaluations ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Government Investigations ,
Hiring & Firing ,
Judicial Deference ,
Maternity Leave ,
McLane Co. v EEOC ,
Request For Information ,
Reversal ,
SCOTUS ,
Sex Discrimination ,
Standard of Review ,
Subpoenas ,
Title VII ,
Unduly Burdensome