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1
California Court Of Appeal Cracks Down On Non-Compliant Requests For Trial Courts To Retain Jurisdiction To Enforce Settlement Agreements
On March 29, 2019, a California Court of Appeal held that a trial court did not retain jurisdiction under Code of Civil Procedure section 664.6 to enforce a settlement agreement after dismissal of the underlying lawsuit because the parties did not comply with the strict requirements of section 664.6.
United States
8 May 2019
2
Fifth Circuit Judge Asserts Title VII Does Not Prohibit Sexual Orientation And Transgender Discrimination
In a separate, concurring opinion, Judge James Ho went further, adding his position that Title VII does not extend its protections to sexual orientation and transgender status
United States
5 Mar 2019
3
National Mediation Board Proposes Simplifying Decertification Under The Railway Labor Act
On January 31, 2019, the three-member National Mediation Board (NMB), which oversees labor relations for the airline and railroad industries
United States
19 Feb 2019
4
New Jersey Federal Judge Finds Medical Marijuana User Cannot Compel Employer To Waive Employment Drug Testing Requirements
The United States District Court of New Jersey recently dismissed an employee's disability discrimination, failure to accommodate and retaliation claims, holding that neither the New Jersey LAD nor the New Jersey CUMMA...
United States
29 Aug 2018
5
Are Confidentiality Clauses About To Become A Relic In Sexual Harassment Cases?
With a few minor tweaks here and there, your company has probably relied on the same severance and employment-related settlement agreements for years.
United States
22 Aug 2018
6
California Supreme Court Finds Mere Minutes Matter…Sometimes
Recently, the California Supreme Court issued its much-anticipated opinion in Troester v. Starbucks Corp., No. S234969, regarding whether the long-standing de minimis doctrine adopted under the federal FLSA...
United States
1 Aug 2018
7
California Supreme Court Holds Worker Classifications Easy As A-B
The California Supreme Court handed down its highly anticipated decision in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, No. S222732 (Cal. April 30, 2018), adopting a new legal standard to be used in determining whether workers should be classified as employees or as independent contractors.
United States
2 May 2018
8
Supreme Court: Auto Service Advisors Exempt From FLSA Overtime Requirements
Earlier today, the U.S. Supreme Court ruled that auto service advisors—employees at car dealerships who advise customers about repair work—are exempt from the Fair Labor Standards Act's (FLSA) overtime requirements.
United States
4 Apr 2018
9
Second Circuit Holds Title VII Prohibits Sexual Orientation Discrimination, Advancing The Circuit Split
In a recent en banc decision issued on February 26, 2018, the U.S. Court of Appeals for the Second Circuit held that Title VII of the Civil Rights Act of 1964's prohibition against sex discrimination ...
United States
28 Feb 2018
10
Controlled Substances Act Does Not Shield Marijuana Businesses From FLSA Or Other Claims
An employee of a marijuana dispensary in Colorado filed a claim in federal court alleging that he was not paid overtime in violation of the federal Fair Labor Standards Act (FLSA).
United States
13 Feb 2018
11
Third Circuit Finds No ADA Violation Where Employee Deemed Unfit for Duty
On Tuesday August 15, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a claim for disability discrimination, where the plaintiff was deemed psychologically unfit for duty and subsequently had his employment terminated.
United States
21 Aug 2017
12
NY Court Rules That Class Action Waivers Are Unenforceable
While pundits and practitioners eagerly await the U.S. Supreme Court's looming decision on whether class action waivers in employment-related agreements violate the National Labor Relations Act (NLRA) – which will not be issued until 2018 – one New York State court has decided to wade into the fracas.
United States
24 Jul 2017
13
California Supreme Court Expands Scope of PAGA Discovery
On July 13, 2017, in a decision with serious repercussions on the scope of PAGA discovery, the California Supreme Court overruled the Court of Appeals in Williams v. Superior Court to allow state-wide discovery of Marshalls employees' contact information, ..
United States
24 Jul 2017
14
Sexual Revolution: Seventh Circuit Holds Title VII Protects Sexual Orientation
On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit broke new legal ground by ruling that Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment, also forbids sexual orientation discrimination.
United States
5 Apr 2017
15
Lawsuit Highlights Antitrust Exposure Related to Hiring and Compensation
A recently filed class action lawsuit serves as an important reminder that employers can face scrutiny under antitrust law through civil litigation brought by their employees, in addition to investigations and enforcement actions by federal agencies.
United States
20 Mar 2017
16
Attorney-Client Privilege Held Not To Apply To Nonreporting Employee/Expert
Many years ago, we represented a client in a quandary. (We know, we know: that's pretty much always the case.)
United States
1 Dec 2016
17
California's Employment Law Class Of 2017 (Part I): The Laws, Their Effects And Some Recommendations For Compliance
Amend, extend and clarify: the 2016 legislative session was not so much about creating new rights and responsibilities under California employment law, but more about expanding and addressing lingering questions that stem from existing workplace mandates.
United States
27 Oct 2016
18
New York Federal Court Pilots Mandatory Mediation Program For FLSA Cases
The Southern District of New York (SDNY) recently announced a new pilot mediation program for cases filed under the Fair Labor Standards Act (FLSA).
United States
17 Oct 2016
19
Ninth Circuit Holds Class Action Waivers Are Unenforceable
In a strong blow to employers, the Ninth Circuit Court of Appeals recently released its opinion in Stephen Morris, et al. v. Ernst & Young, et al.
United States
26 Aug 2016
20
Emerging Labor & Employment Law Trends (Part 1)
In the first part of this two-part series, we will take a look at some of the principal trends likely to be shaped by federal regulators.
United States
18 Aug 2016
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