After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more
6/27/2024
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Congressional Authority ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Gender Discrimination ,
Harassment ,
Hostile Environment ,
LGBTQ ,
Risk Management ,
Separation of Powers ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII
Employers faced another challenging year in 2021, attempting to keep up with constantly changing regulations and laws addressing the continuing COVID-19 pandemic, while still facing traditional legal issues such as...more
1/6/2022
/ Biden Administration ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Safety
The EEOC’s expanded technical assistance now addresses employers’ obligations to respond to and navigate vaccine-related religious accommodation requests pursuant to Title VII of the federal Civil Rights Act of 1964, which...more
10/28/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
In Bostock v. Clayton County, Georgia, a landmark 6-3 decision, the United States Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of sexual...more
6/17/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
California Makes Seismic Shift With New ‘ABC’ Independent Contractor Test -
The Dynamex Ruling -
In a landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Charles Lee), the California...more
Supreme Court Gives Stamp of Approval to Representative Statistical Evidence -
Why it matters -
In a closely watched case, the U.S. Supreme Court has ruled that the use of representative statistical evidence for...more
4/13/2016
/ Discrimination ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Lilly Ledbetter ,
Minimum Wage ,
National Origin Discrimination ,
Paid Family Leave Law ,
Personal Liability ,
SCOTUS ,
Statistical Sampling ,
Title VII ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
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
California Supreme Court to Consider "Day of Rest" Law:
Why it matters -
The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more
11/30/2015
/ Apple ,
Breastfeeding ,
CA Supreme Court ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Governor Cuomo ,
Marriott ,
Minimum Wage ,
Nordstrom Inc. ,
Pregnancy Discrimination ,
Retaliation ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies ,
Wrongful Termination
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
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
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
The Impact of National Same-Sex Marriage for Employers -
Why it matters:
How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more
7/13/2015
/ Appeals ,
Class Certification ,
Classification ,
Coerced Patronage ,
Department of Labor (DOL) ,
DOMA ,
Due Process ,
Employee Benefits ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Federal Rules of Civil Procedure ,
FedEx ,
Fourteenth Amendment ,
FRCP 23(b)(3) ,
Indemnification ,
Independent Contractors ,
IRS ,
Misclassification ,
NLRA ,
Obergefell v. Hodges ,
Policies and Procedures ,
Putative Class Actions ,
Reimbursements ,
Rest and Meal Break ,
Same-Sex Marriage ,
SCOTUS ,
Selfies ,
Sexual Orientation Discrimination ,
Spouses ,
Title VII ,
Uber ,
Unpaid Wages ,
US v Windsor ,
Wage and Hour ,
Wages ,
Wrongful Termination
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
U.S. Supreme Court Permits Narrow Review of EEOC Conciliation Process -
Why it matters:
The U.S. Supreme Court handed a victory—albeit limited—to employers when it determined that courts may consider the...more
5/14/2015
/ Class Action ,
Conciliation ,
Dress Codes ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Harassment ,
Internal Reporting ,
Mach Mining v EEOC ,
NLRB ,
Rest and Meal Break ,
SCOTUS ,
Security Checks ,
Title VII ,
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
Second Circuit: Inability to Sit for Long Periods Can Trigger ADA Coverage -
Why it matters: Can an employee’s inability to sit for a prolonged period of time constitute a disability under the Americans with...more
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