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
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
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
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
Joint Employers Can Be Liable for Employee Misclassification in California:
Why it matters -
Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more
6/29/2015
/ Civil Monetary Penalty ,
Class Action ,
Department of Labor (DOL) ,
Discrimination ,
Earned Sick Time ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Independent Contractors ,
Joint and Several Liability ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
OSHA ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Transgender ,
Tyson Foods ,
Wage and Hour
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
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
Recess Is Over: Supreme Court Strikes NLRB Appointments -
Why it matters: Striking a blow to the President and the National Labor Relations Board, the U.S. Supreme Court held that three recess appointments made by...more
7/10/2014
/ Americans with Disabilities Act (ADA) ,
Canning v NLRB ,
Disability ,
Disability Discrimination ,
Employee Benefits ,
Employer Liability Issues ,
Facebook ,
LGBTQ ,
NLRA ,
NLRB ,
Recess Appointments ,
Same-Sex Marriage ,
SCOTUS
The More Things Change: U.S. Supreme Court Rules on “Changing Clothes” -
Why it matters: In a unanimous decision – save for a single footnote – the U.S. Supreme Court held that the time spent donning and doffing...more