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  • Article

    California Proposition 8 Held Unconstitutional – What is the Impact on Employers?

    On August 4, 2010, Chief Judge Vaughn Walker of the U.S. District Court for the Northern District of California issued an order in Perry v. Schwarzenegger et. al., No. C092292 (N.D. Cal. Aug. 4, 2010), permanently enjoining enforcement of Proposition 8, a voter initiative that amended the California Constitution that stated, "[o]nly marriage between a man and a woman is valid or recognized in California."
    United StatesEmployment and HR
    Larkin Hoffman Daly & Lindgren
    Larkin Hoffman Daly & Lindgren
  • Article

    California Rejects Enforcement Of Restrictive Covenant In Employment Agreement

    A California Court of Appeal recently rejected a covenant not to compete included in an employment agreement.
    United StatesEmployment and HR
    Drinker Biddle & Reath LLP
Drinker Biddle & Reath LLP
  • Article

    California Security Guards’ On-Call Break Periods Not Compensable Work Time

    A California appeals court in Augustus v. ABM Security Services, Inc. held that security guards who were "on-call" during rest breaks did not violate the California Labor Code's rest period requirements.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    California Supreme Court Allows Arbitration Agreements With Class Waivers

    The California Supreme Court held in that a state’s refusal to enforce an arbitration agreement that waives the right to class proceedings is preempted under the Federal Arbitration Act.
    United StatesEmployment and HR
    Blank Rome LLP
    Blank Rome LLP
  • Article

    Can Withdrawing A Subpoena Broaden The EEOC's Investigative Power?

    The EEOC has withdrawn its controversial subpoena seeking private information about University of Pennsylvania employees affiliated with Jewish groups and programs, despite winning enforcement in district court. Legal experts suggest this strategic retreat may be designed to preserve favorable precedent about the agency's broad investigative authority while avoiding appellate review that could overturn the lower court's decision. Penn agreed not to challenge the district court opinion in exchange for the wi
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Caton Discusses Attorney-Client Privilege With Bloomberg Law

    The United States Supreme Court justices recently decided to take up In re Grand Jury to "clarify the standards that federal courts should use to determine what types of information exchanged...
    United StatesEmployment and HR
    Pryor Cashman LLP
    Pryor Cashman LLP
  • Article

    Chamber Of Commerce Urges California To Ease Restrictions On Employers

    The California Chamber of Commerce and nearly 200 other organizations joined in a January 13 letter to the Governor and the leadership of the state Senate and Assembly, urging them to stave off a growing exodus of businesses by loosening the regulatory yoke on California employers.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Cheer Or Fear

    Litigation value: $0.00 for a drunk, passed out (and likely concussed) Daryl, but Jim has a cause of action for battery against Belsnickel.
    United StatesEmployment and HR
    Ford Harrison LLP
    Ford Harrison LLP
  • Article

    Chew On This: Chipotle Worker Terminated for Tweeting About Working Conditions Wins Labor Lawsuit

    A man fired from a Chipotle in Havertown, PA, after he tweeted about wages and working conditions at the restaurant, has won his labor lawsuit filed before the National Labor Relations Board (NLRB).
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Colorado Approves Firing For Off-The-Clock Medical Marijuana Use

    In a recent decision, the Colorado Supreme Court held that an employer may fire an employee for violating its drug policy, regardless of whether the employee is permitted to use medical marijuana under state law.
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Come Join Me For The Webinar "Drafting Severance And Confidentiality Agreements Amid New EEOC, NLRB And Now SEC Scrutiny"

    The EEOC and NLRB have been challenging severance provisions that they feel may stop an employee or former employee from cooperating with a charge filed with the agency.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Court Of Appeal Relies On "Motivating Factor" As Standard Of Causation In FEHA Case

    In Alamo, a former employee who was fired upon her return from maternity leave brought a lawsuit for pregnancy discrimination in violation of the California Fair Employment and Housing Act (FEHA) and wrongful termination in violation of public policy.
    United StatesEmployment and HR
    Ogletree, Deakins, Nash, Smoak & Stewart
    Ogletree, Deakins, Nash, Smoak & Stewart
  • Article

    Court Orders Higher Prevailing-Plaintiff Attorneys' Fees In Disability Discrimination Case

    Augustine Caldera is a correctional officer at a state prison who stutters when he speaks. Caldera alleged that the prison's employees, including a supervisor, "mocked and mimicked" his stutter at least a dozen times...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court Properly Dismissed Employer's Civil Rights Claim Against Employee

    Balubhai Patel and various entities sued Manuel Chavez, the former on-site property manager of the Stuart Hotel, which was owned and operated by Patel and the other plaintiffs. Plaintiffs alleged a federal civil rights...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court Refuses To Force Human Resources Director To Arbitrate Dispute Despite Misrepresentations That She Had Signed Arbitration Agreement

    In a seemingly unjust result for the employer, a California court of appeal recently refused to enforce an unsigned arbitration agreement against a human resources director who repeatedly misled her employer into thinking she had signed it.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Court Should Not Have Denied Certification Of Class Of Drivers Seeking Wage & Hour Remedies

    The trial court denied plaintiffs' motion for class certification of a putative class consisting of employees who worked as drivers transporting milk within California.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Court Should Not Have Dismissed Self-Represented Employee's Claims

    Anthony Nuño, an assistant college professor, represented himself in this lawsuit against California State University, Bakersfield, in which he alleged harassment, retaliation and discrimination based upon his race...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Covenants Not To Compete: Follow Up On The What And When

    Be prepared to pay your employees unless you have them sign a restrictive covenant agreement at the outset of their employment.
    United StatesEmployment and HR
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    COVID-19 Labor & Employment Litigation Tracker

    Since March 17, there have been 364 lawsuits (including 46 class actions) filed against employers due to alleged labor and employment violations related to the coronavirus.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    CT Supreme Court Rules On Applicability Of CTFMLA

    Yesterday, the Connecticut Supreme Court issued its decision in Velez v. Commissioner of Labor et al., SC 18683 & 18684, holding the Connecticut Family and Medical Leave Act ("CTFMLA") applies only to employers with 75 or more employees in Connecticut. Day Pitney LLP represented one of the two defendants in the appeal.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Showing 561–580 of 8398 results

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