Newsletters

06.05.17

California Appeals Court: Employee Must Arbitrate Employment Dispute

Holding that an employee was equitably estopped from denying a defendant’s right to arbitrate an employment dispute, a California appellate court affirmed a trial court’s grant of a motion to compel arbitration.


05.19.17

One Day of Rest Mandated by California Supreme Court

Resolving a contentious issue of California law, the state’s highest court ruled that one day of rest is guaranteed for each defined workweek, although an employer is not forbidden from allowing an employee, fully apprised of his or her entitlement to rest, to independently choose not to take ...


05.11.17

What Is a “Workplace”? California Appellate Court Considers

A California appellate panel considered the issue of the location of a “workplace” for purposes of employer liability when an employee got into a car accident.


04.27.17

NLRB Affirms New Standard on Employee Email Use

A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email for statutorily protected communications on nonworking time is presumptively permitted.


04.13.17

Eleventh Circuit: Title VII Doesn’t Prohibit Sexual Orientation Discrimination

In a decision that is already being cited in other courts around the country, the U.S. Court of Appeals for the Eleventh Circuit held that discrimination based on sexual orientation is not included in Title VII’s prohibition against discrimination “because of sex.”


03.31.17

Continuing Violation Doctrine Keeps Title VII Suit Alive

The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims under the continuing violations doctrine, reversing summary judgment in favor of the educational institution where she worked.


03.10.17

Future of DOL's White Collar Overtime Rule Remains Unclear

The uncertainty surrounding the Department of Labor's (DOL) white collar overtime rule continues, with the agency requesting more time to continue its appeal of an injunction halting implementation of the rule.


02.27.17

Ninth Circuit Sends Employment Dispute to Arbitration

The U.S. Court of Appeals for the Ninth Circuit sent an employment dispute to arbitration this week, reversing a denial of the employer's motion to compel arbitration.


02.10.17

President Taps New Heads for Federal Employment Agencies

President Donald J. Trump appointed new leaders for the federal employment agencies during his busy first few days in office, tapping Victoria A. Lipnic as Acting Chair of the Equal Employment Opportunity Commission (EEOC) and Philip A. Miscimarra to lead the National Labor Relations Board (NLRB).


01.27.17

Supreme Court to Decide Validity of Class Action Waivers

After multiple petitions, and amidst a broadening split of the federal appellate courts, the U.S. Supreme Court earlier this month to decide whether class action waivers in arbitration agreements in the employment context violate the National Labor Relations Act.