Newsletters

12.05.18

California Appellate Panel: No Fees, Costs for Nonfrivolous FEHA Cases

An award to a prevailing party for fees and costs after the losing party rejected a Section 998 pretrial settlement offer does not apply to nonfrivolous cases filed under the Fair Employment and Housing Act (FEHA), a California appellate panel has ruled.


11.14.18

California Employers Face Busy 2019 With Host of New Laws

With the dozens of new laws enacted by the California legislature and signed into law by outgoing governor Jerry Brown, employers in the Golden State will have little time to rest over the holidays as they prepare for new requirements.


11.01.18

DFEH Documents Increased Complaints in 2017 Litigation Report

What has the Department of Fair Employment and Housing (DFEH) been up to?


10.17.18

Drivers’ Class Action Against Uber Crashes Into Arbitration

Uber drivers seeking to be classified (and compensated) as employees and not independent contractors were dealt a blow by the U.S. Court of Appeals, Ninth Circuit when the federal appellate panel reversed class certification and ordered the drivers to arbitration.


10.08.18

California Governor Signs Bills Aimed at Preventing Workplace Harassment

On September 30, 2018, Governor Brown signed a bill prohibiting the inclusion of confidentiality provisions in settlement agreements in cases and administrative actions involving sexual harassment, as well as other sexual offenses, while allowing the claimants in such actions to retain the right to ...


09.20.18

California Legislature Keeps Employers Busy

The California legislature did not slow down over the summer months, passing several employment-related bills and sending them to Governor Jerry Brown’s desk for a signature.


08.22.18

Employer Violated ADA by Firing Diabetic Employee

An employer violated the Americans with Disabilities Act (ADA) for terminating a diabetic employee who drank orange juice at the cash register during hypoglycemic episodes, the U.S. Court of Appeals for the Sixth Circuit has affirmed.


08.16.18

California Supreme Court Rejects De Minimis Doctrine

Answering a certified question from the U.S. Court of Appeals, Ninth Circuit, the California Supreme Court declared that the Fair Labor Standards Act (FLSA) de minimis doctrine does not apply to the state’s wage and hour rules and regulations.


08.09.18

Fifth Circuit Pins Down Insignia Ban

The U.S. Court of Appeals, Fifth Circuit, affirmed a ruling from the National Labor Relations Board (NLRB or Board) that a ban on pins violated Section 8(a)(1) of the National Labor Relations Act (NLRA), and held that In-N-Out Burger failed to overcome the presumption that a blanket ban on insignia ...


08.03.18

New York AG Hits Employer With $120K Fine for Violations

The New York attorney general settled with an international retailer for violations of both the state and city “ban the box” laws for $120,000 in penalties and costs.