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Searching Content by Timothy J. Long from Orrick ordered by Published Date Descending.
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Back To School! How To Navigate School-Related Leave For Employees
With school back in session, employees may be asking for time off to go to their children's school activities. Employers should know that several states and the District of Columbia...
United States
12 Oct 2018
2
Let Them Eat Cake: Religious Accommodations, LGBTQ Rights And Other Workplace Implications Of SCOTUS' Masterpiece Cakeshop Decision
In a highly anticipated ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, U.S. Supreme Court ruled 7-2 in favor of a cake shop owner who refused to make a wedding cake ...
United States
3 Jul 2018
3
Let Them Eat Cake: Religious Accommodations, LGBTQ Rights And Other Workplace Implications Of SCOTUS' Masterpiece Cakeshop Decision
In a highly anticipated ruling, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, U.S. Supreme Court ruled 7-2 in favor of a cake shop ...
United States
25 Jun 2018
4
Top Ten Employment Regulations Or Initiatives Employers Want Trump To Dump Or Fix
The rule requires that federal contractors provide 56 hours of paid sick leave to employees working on certain federal contracts. Many contractors already provide some form of paid sick leave...
United States
21 Nov 2016
5
California Legislators Aim To Make Prior Salaries A Thing Of The Past
As we previously reported, the Fair Pay Act (the "FPA," Labor Code § 1197.5) requires "equal pay for substantially similar work" based on the employee's skill, effort and responsibility, and similar working conditions.
United States
7 Jul 2016
6
Supreme Court Ties Underscore Justice Scalia's Missing Influence
After the passing of Justice Antonin Scalia, we predicted: "Justice Scalia's passing will immediately impact several employment-related cases pending before the Court."
United States
12 Apr 2016
7
DOL And EEOC To Make 2016 A Challenging Year For Employers
Members of the Fair Labor Standards Legislation Committee of the American Bar Association's Section of Labor and Employment Law recently met.
United States
15 Mar 2016
8
Justice Scalia's Employment Law Legacy
On February 13, 2016, Justice Antonin Scalia, the anchor of the Court's conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience in wide range of roles.
United States
7 Mar 2016
9
So You Want To Accept That Board Position? One More Reason To Pause: Directors Can Be Personally Liable Under Sarbanes-Oxley And Dodd-Frank
Plaintiff Wadler was Bio-Rad's general counsel for nearly 25 years. He claims that from 2011 to 2013, he raised concerns that certain of Bio-Rad's sales practices in China violated the Foreign Corrupt Practices Act ("FCPA").
United States
25 Nov 2015
10
Are Your California Leave Policies Up To Date? New California Family Rights Act Regulations Take Effect July 1, 2015
The California Fair Employment and Housing Council recently issued new California Family Rights Act ("CFRA") regulations that take effect July 1, 2015.
United States
11 May 2015
11
High Court Says "Let It Ride"; Limo Company Fails To Flag Down Enough Justices To Hear PAGA Carve-Out Case
On January 20, the United States Supreme Court denied certiorari in CLS Transportation Los Angeles LLC v. Iskanian, leaving intact a decision by the California Supreme Court holding that representative Private Attorney General Act (PAGA) claims cannot be waived in arbitration agreements. Enacted in 2004, PAGA deputizes private citizens to seek penalties on behalf of the state by bringing representative suits for workplace violations.
United States
4 Feb 2015
12
Let’s Talk About Sex: U.S. Department Of Labor Targets Transgender & Gender Identity Discrimination
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 of gender identity and transgender status."
United States
5 Sep 2014
13
Federal Preemption Defense Running Out Of Gas?
Recent decisions by the Ninth Circuit Court of Appeals and the California Supreme Court have thrown a road block in the way of employers relying on a federal statute to preempt certain state wage-and-hour law claims.
United States
26 Aug 2014
14
The Joint-Employer Standard: Like All Good Things, Is It About To Meet Its End?
On May 12, the National Labor Relations Board issued a notice and call for amicus briefs to address whether the Board should maintain its existing joint-employer standard or adopt a new one.
United States
22 May 2014
15
"I Did It…But Don’t Tell!" Rejected Job Applicant Says Background Report Should Have Excluded His Admission Of Fraud Against Former Employer
Last week, a plaintiff sued the creator and the operator of the Esteem criminal background database—LexisNexis and First Advantage—alleging that they gave prohibited information to potential employers, which ultimately barred him from getting a job. Tsang v. LexisNexis Risk Solutions, Inc., No. CV-14-0493 (N.D. Cal. Jan. 31, 2014).
United States
18 Feb 2014
16
Company E-mail Use Policies: The Next Battleground For The NLRB?
As reported in prior blogs, the National Labor Relations Board has become increasingly active in attacking employer policies on the grounds that those policies chill employees’ rights to engage in concerted activity.
United States
13 Nov 2013
17
NLRB Continues To Hold Firm On D.R. Horton Reasoning Despite Contrary Decisions In The Courts
Despite increasing rejection of the NLRB’s controversial D.R. Horton decision by almost all federal courts which have considered it, an NLRB administrative law judge recently felt there was no choice but to follow Board precedent and so applied and affirmed its holding.
United States
18 Sep 2013
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