New Order Reinstates Restrictions on Business, Travel and Other Nonessential Activities -
On Thursday, December 3, 2020, California Governor Gavin Newsom announced the release of a new regional Stay-at-Home Order in...more
Nine months after the emergence of the COVID-19 pandemic in the United States, how has the litigation landscape been transformed? Join Manatt for a discussion of key trends that have come and gone—and those to prepare for in...more
11/30/2020
/ Best Practices ,
Business Disruption ,
Continuing Legal Education ,
Contract Disputes ,
Contract Negotiations ,
Coronavirus/COVID-19 ,
Court Closures ,
Enforcement Actions ,
Financial Stimulus ,
Force Majeure Clause ,
Government Agencies ,
Investigations ,
Re-Opening Guidelines ,
Remote Depositions ,
Risk Mitigation ,
Virtual Litigation ,
Waiver of Liability ,
Webinars
California employers must immediately update training and other employment law policies in light of new legislation going into effect in January 2019. In a new Manatt webinar, attorneys from our employment and labor practice...more
Defend Trade Secrets Act Becomes Law -
Why it matters -
Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May...more
5/19/2016
/ Administrative Law Judge (ALJ) ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Restrooms ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Misappropriation ,
NLRB ,
Posting Requirements ,
Private Right of Action ,
Rounding ,
Section 7 ,
T-Mobile ,
Trade Secrets ,
Transgender ,
Whistleblower Protection Policies
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
Why it matters -
The April 1 deadline is looming for California employers, who are facing amendments to the state's Fair Employment and Housing Act (FEHA), including the creation of an affirmative duty to "prevent and...more
Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling -
Why it matters -
In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to...more
3/18/2016
/ COLA ,
Comparative Advertising ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Injury-in-Fact ,
Kohls ,
Lyft ,
Made in the USA ,
Misclassification ,
NLRB ,
Opt-Outs ,
Putative Class Actions ,
Recycling ,
Retailers ,
Settlement ,
TCPA ,
Text Messages ,
TTB ,
Waste Disposal
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
Be Still, My Heart: New Suit Says Fitbits Fail to Track Heartbeats as Promised -
Why it matters -
Fitbit has been hit with another consumer class action asserting false advertising claims, this time alleging that...more
2/12/2016
/ Bad Faith ,
CA Supreme Court ,
Denial of Insurance Coverage ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Fitbit ,
Food Labeling ,
Independent Contractors ,
Misclassification ,
Misrepresentation ,
NAD ,
National Origin Discrimination ,
Organic ,
Paid Leave ,
Preemption ,
Putative Class Actions ,
TCPA ,
Termination ,
Third-Party ,
Uber
In Equal Pay Push, EEOC to Collect Pay Data From Employers -
Why it matters -
On the anniversary of the Lilly Ledbetter Fair Pay Act, President Barack Obama announced that the Equal Employment Opportunity Commission...more
2/10/2016
/ Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Joint Employers ,
Lyft ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
New Guidance ,
Pay Discrimination ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Retaliation ,
Settlement ,
Sick Leave
EU Permits Employers to Monitor Private Employee Communications -
Why it matters -
In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more
1/28/2016
/ Americans with Disabilities Act (ADA) ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
National Origin Discrimination ,
Paid Leave ,
Preliminary Injunctions ,
Securities and Exchange Commission (SEC) ,
Surveillance ,
Termination ,
Third-Party ,
Wellness Programs ,
Whistleblower Awards ,
Whistleblowers
Eye on the Courts: IP Cases for Retailers to Note -
Why it matters -
Retail companies have closely monitored a series of cases from the U.S. Supreme Court on down, which have focused on IP matters covering induced...more
1/23/2016
/ Arbitration ,
Class Action ,
Copyright ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
NLRB ,
Patent Infringement ,
Patent Trolls ,
Patents ,
Retail Market ,
Right of Publicity ,
Trademark Infringement ,
Trademarks
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
In this month's highlights, a federal court rules that insurance coverage was triggered for the defense of garment hang tag "advertisements" in a trademark/copyright and unfair competition lawsuit…the California Supreme Court...more
12/15/2015
/ Advertising Substantiation ,
Amazon ,
Apple ,
CA Supreme Court ,
Commercial General Liability Policies ,
Copyright Infringement ,
Credit Card Surcharges ,
Duty to Defend ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
NARB ,
NLRB ,
Nordstrom Inc. ,
Popular ,
Search & Seizure ,
Social Media ,
Termination ,
Trademark Infringement ,
Wage and Hour
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
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
California Updates Data Security Laws -
Why it matters:
The first state to enact data breach notification legislation, California has now updated Civil Code Section 1798.82 with three new bills signed into law by...more
11/17/2015
/ Background Checks ,
Celebrity Endorsements ,
Class Action ,
Comparative Advertising ,
Credit Card Surcharges ,
Data Security ,
False Advertising ,
Federal Trade Commission (FTC) ,
NAD ,
NLRB ,
Non-Disparagement Provisions ,
Nordstrom Inc. ,
On-Call Employees ,
Sex Discrimination ,
USERRA ,
Volkswagen
Following California, New York Toughens Equal Pay Law -
Why it matters:
Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more
11/13/2015
/ Age Discrimination ,
Class Action Arbitration Waivers ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
GINA ,
Governor Cuomo ,
Mach Mining v EEOC ,
Motion to Compel ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
SCOTUS ,
Social Media ,
Termination ,
Wellness Programs
We are pleased to share with you the first issue of Manatt's Retail and Consumer Products Law Roundup. The newsletter will be published on a monthly basis and will survey topics of critical importance to the retail,...more
11/5/2015
/ Advertising ,
Anti-Pay Secrecy ,
Barnes and Noble ,
Celebrity Endorsements ,
Certifications ,
Child Pornography ,
Chilling Effect ,
Class Action ,
Confidentiality Agreements ,
Cooperation ,
Corporate Crimes ,
Country of Origin ,
Department of Justice (DOJ) ,
Disclosure ,
Dodd-Frank ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Pay Act ,
Federal Arbitration Act ,
Federal Trade Commission (FTC) ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Green Guides ,
Guilty Pleas ,
Individual Accountability ,
Internal Reporting ,
Investigations ,
Jared Fogle ,
Job Promotions ,
Judicial Review ,
Mach Mining v EEOC ,
Made in the USA ,
Mandatory Arbitration Clauses ,
Michael Jordan ,
NAD ,
Name and Likeness ,
New Legislation ,
On-Duty Meal Period Waivers ,
Pre-Suit Investigation ,
Preemption ,
Product Labels ,
Professional Misconduct ,
Puffery ,
Recordkeeping Requirements ,
Right of Publicity ,
Seal ,
Securities and Exchange Commission (SEC) ,
Sex Discrimination ,
Statute of Limitations ,
Substantially Similar ,
Subway ,
Superiority Claims ,
Title VII ,
Unfair or Deceptive Trade Practices ,
Wage and Hour ,
Warning Letters ,
Whistleblowers ,
White Collar Crimes ,
Yates Memorandum
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
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
The Customer Isn't Always Right—Especially When He Harasses Employees:
Why it matters -
Providing an important reminder about the potential for liability from customers, a new lawsuit was filed against a supermarket...more
8/21/2015
/ Administrative Appeals ,
Age Discrimination ,
Arbitration Agreements ,
Department of Homeland Security (DHS) ,
Employee Transfers ,
Employment Discrimination ,
Form I-129 ,
H-1B ,
NLRA ,
NLRB ,
Section 7 ,
Sexual Harassment ,
USCIS
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