In Rickard v. Swedish Match North America, Inc., the Eighth Circuit held that a supervisor's allegedly inappropriate behavior did not rise to the level of actionable discrimination based on age and sex. The case reminds us...more
Employers must always be careful when adding an arbitration clause to an existing employment agreement. The amendment process becomes even trickier when the employment relationship is governed by multiple documents.That was...more
The Supreme Court’s decision last week in NLRB v. Canning left many employers scratching their heads – and with good reason.
Sure, the unanimous ruling served as a rebuke to the Obama Administration, and hundreds of...more
The United States Supreme Court has struck down President Obama’s controversial 2012 nominations to the NLRB, holding that the President violated the Constitution by using his recess appointments power when the Senate was...more
In Rosenfeld v. Abraham Joshua Heschel Day School, Inc., the Second Appellate District held that a plaintiff whose pleadings alleged intentional employment discrimination could not assert a disparate impact theory for the...more
In Hall v. Rite Aid Corp., the Fourth Appellate District reversed the trial court’s decertification of a putative class of cashiers who challenged their employer’s policy of requiring them to stand while checking out...more
The moving target that is the Affordable Care Act’s employer mandate keeps on moving.
The Treasury Department today issued a rule relaxing important employer requirements under the ACA, foremost among them to postpone...more
With the deadline to select health coverage just days away, the Obama administration has given an early Christmas present to individuals whose policies were cancelled because of the Affordable Care Act (“ACA”)....more
In Martinez v. Joe’s Crab Shack Holdings, the California Court of Appeal for the Second Appellate District reversed an order denying class certification to a group of managerial restaurant employees allegedly misclassified as...more
Companies seeking an alternative to traditional risk management approaches are increasingly turning to the captive insurance market, especially for recurring and foreseeable losses.
As most commonly understood, the...more
More than a million California residents whose health plans were cancelled under the Affordable Care Act, a.k.a. Obamacare, will not be able to keep their existing coverage, despite President Obama’s directive that insurers...more
More than a million California residents whose health plans were cancelled under the Affordable Care Act, a.k.a. Obamacare, will not be able to keep their existing coverage, despite President Obama’s directive that insurers...more
Dysfunctional websites. Low enrollment numbers. Public outrage over cancelled health policies. Mea cuplas. A presidential administrative “fix.” Competing Congressional solutions. Finger pointing. It’s enough to make...more
The U.S. Senate passed a bill last week that would provide workplace protections to gays, lesbians and transgender individuals.
The so-called “Employment Nondiscrimination Act” passed the Democratic-led chamber on a 64...more
The U.S. Senate has confirmed union lawyer Richard Griffin to serve as general counsel for the National Labor Relations Board (“NLRB”)....more
In Benton v. Telecom Network Specialists, Inc., the California Court of Appeal for the Second Appellate District affirmed that employee wage and hour and meal break cases may be suitable for class certification even where...more
The Sixth Circuit has ordered the Equal Employment Opportunity Commission (“EEOC”) to pay more than $750,000 in attorney’s fees and costs for pursuing a frivolous employment discrimination case....more
We recently posted a summary of Peng v. First Republic Bank, a case discussing the validity of an arbitration agreement contained in an employment contract. Peng is favorable for employers because the court there held that...more
In Peng v. First Republic Bank, the California Court of Appeal for the First Appellate District rejected an employee’s contention that a company’s standard arbitration agreement was unconscionable.
...more
Mounting technical delays are complicating the implementation of the Affordable Care Act, aka Obamacare.
The website Politico is reporting that the Obama Administration intends to delay a portion of Obamacare aimed at...more
An important deadline for employers regarding the Affordable Care Act, or Obamacare, is just around the corner.
By October 1, 2013, employers must notify employees of the coverage options available on health insurance...more
9/23/2013
In Cho v. Chang, the California Court of Appeal, Second Appellate District held that an employee’s statements to coworkers about alleged discrimination were not protected activities triggering special protection under...more
The U.S. Department of the Treasury and the Internal Revenue Service have published proposed rules establishing reporting requirements for employers and insurers under the Affordable Care Act (“ACA”), or Obamacare....more
In Rodriguez v. AT&T Mobility Services LLC the Ninth Circuit cited recent United States Supreme Court precedent to make it more difficult for class action plaintiffs to pursue their claims in state court.
Rodriquez has...more
In MacDonald v. Superior Court, the court held that an employee must exhaust statutory administrative remedies before filing suit against an employer.
MacDonald worked for the State of California and the California State...more
9/3/2013