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Department of Labor Rejects Title VII Framework in SOX Whistleblower Cases
A new opinion from the Department of Labor (“DOL”) makes clear that the department will treat the burden of proof in whistleblower retaliation claims under the Sarbanes-Oxley Act (“SOX”) differently...
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California Court of Appeal Rules that Advanced Sales Commissions May Be...
On July 10, 2012, a California court of appeal held that an employer’s practice and policy of charging back advanced sales commissions following a canceled service agreement does not violate California...
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Governor Brown Signs Amendments to California Labor Code
On Sunday, September 30, Governor Jerry Brown signed Assembly Bill 2674, Assembly Bill 1744, and Senate Bill 1255 into law, thereby amending California Labor Code sections 226, 1198.5, and 2810.5, and...
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2013 Updates to the FEHA California Pregnancy Regulations
Amendments to California’s pregnancy regulations became effective on December 30, 2012, creating many new responsibilities for employers. While employers should take note of all of the amended...
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Governor Brown Expands Paid Family Leave Eligibility, Boosts Minimum Wage,...
California’s Paid Family Leave Now Covers More Kin Currently, through California’s Paid Family Leave (“PFL”) insurance program, workers may collect up to six weeks of partial wage replacement benefits...
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OHSA’s Plan to Air Employers’ Potentially Dirty Laundry Online
Trying to keep your illness and injury reports low profile? According to new rules proposed by the Occupational Safety and Health Administration (“OSHA”), not under their watch! At an estimated cost of...
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Paid in Singles for a Shot at the Big Leagues: Former Minor Leaguers Sue MLB...
Spring training is just around the corner and major leaguers have already reported to their first workout. Meanwhile, an interesting development–three former minor leaguers have filed a lawsuit against...
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The EEOC Takes Aim, Once Again, at Employers’ Separation Agreements
On April 30, 2014, the U.S. Equal Employment Opportunity Commission filed suit against a private college, charging for the second time in two months that an employer’s severance agreement was unlawful....
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U.S. Census Bureau Down for the Count after Certification Ruling in Criminal...
Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States...
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Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender...
On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex . . . includes discrimination on the bases...
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Domino’s Delivers Key Ruling in Favor of Franchisors
The California Supreme Court recently issued an important victory for franchisors, finding that a franchisor does not stand in an employment or agency relationship with the franchisee and its employees...
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Employers Finally Get a Break—Court Reverses $90 Million Verdict and Holds...
On December 31, 2014, the Court of Appeal for the Second District of California held in an unpublished opinion that employers are not required to relieve employees of all duty during rest periods...
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Class Action Lawsuits: In Vogue? High Fashion Gets Hit with Wage and Hour...
Sportswear-inspired designs, bold prints, and gingham aren’t the only things trending for Spring 2015 in the fashion world. Judging from a recent wave of lawsuits, wage and hour class actions are...
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Governor Brown Signs Amendments to California Labor Code
On Sunday, September 30, Governor Jerry Brown signed Assembly Bill 2674, Assembly Bill 1744, and Senate Bill 1255 into law, thereby amending California Labor Code sections 226, 1198.5, and 2810.5, and...
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North Carolina’s “Bathroom Bill” Dealt a Blow as Debate on Transgender Access...
On August 26, 2016, a North Carolina federal judge blocked the University of North Carolina (UNC) from enforcing a state law requiring transgender people to use bathrooms and locker rooms corresponding...
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Upon Further Review: Supreme Court Weighs Deference Due District Courts in...
In a recent oral argument before the U.S. Supreme Court, the justices considered a narrow procedural issue that could have broader implications for the subpoena power of the U.S. Equal Employment...
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What’s In a “Wage”? Ninth Circuit Seeks Clarification from California Supreme...
California has some of the most employee-friendly laws in the country, many of which turn on whether the allegedly wronged employee is seeking to recover “wages” due. The Ninth Circuit Court of Appeals...
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Don’t Stand So Close to Me: Ten California Sexual Harassment Bills to Watch
In tandem with the growing #MeToo movement, sexual harassment appears to be top of mind for California legislators in 2018. In the wake of Harvey Weinstein, Bill Cosby and the like, California has been...
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Ninth Circuit Clarifies Boundaries of California’s Restriction on Noncompete...
Taking a second look at the use of “no future employment” provisions in a settlement agreement between a doctor and his former employer, the Ninth Circuit Court of Appeals recently held that two of the...
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Money for Nothing? On-Call Checks For Free: California Court Says Employers...
A California Court of Appeal recently issued an order in Ward v. Tilly’s, Inc. finding that certain on-call scheduling practices trigger “reporting time pay” requirements even when the employee does...
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