Newsletters

08.28.13

Employer Liable for Employee’s Drunken Car Accident—After He Got Home

According to a recent California appellate court decision, an employer can be liable for an employee who drank too much at a company party, made it home safely, and then killed a man in a drunk driving accident after he left his house again.


08.13.13

EEOC Targets Cancer Discrimination

Filing two new lawsuits, the Equal Employment Opportunity Commission is cracking down on employers allegedly discriminating against workers with cancer.


08.06.13

CA Supreme Court Upholds Borrowed UCL Claim Under Federal Law

In an opinion issued late last week, the California Supreme Court interpreted the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (the “UCL”), to allow a UCL unlawfulness claim based on a “borrowed” federal law, even though Congress had repealed ...


07.31.13

Online Marketplace For “Used” Digital Music Strikes Discord With The Copyright Act

A recent decision out of New York illustrates the difficulty that courts in the digital era face in applying laws designed for a brick-and-mortar world.


07.30.13

In NYC It Pays To Be Sick

Beginning next year, employees in New York City will be entitled to paid sick leave pursuant to a new, somewhat complex statutory scheme.


07.18.13

D.C. Circuit Flips DOL’s Flip-Flop On Mortgage Loan officers

Mortgage loan officers may qualify for the administrative exemption from the overtime wage provisions of the Fair Labor Standards Act, the D.C. Circuit Court of Appeals held July 2, striking down a 2010 Administrator’s Interpretation from the Department of Labor.


07.03.13

Supreme Court Sides With Employers in Title VII Suits

Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of Title VII cases that determined retaliation claims require plaintiffs to prove their case according to traditional “but for” causation and ...


06.27.13

Panel Calls For Litigation Reform To Address Patent Trolls

In a June 18, 2013, panel discussion titled “Trolls, Traders, and Wizards – Understanding the Market for Innovation,” the impact of the recently implemented America Invents Act (AIA), as well as the prospects for even more proposed patent reforms, was debated by leading jurists ...


06.19.13

Exempt or Nonexempt, That is The Question

Employers who believe in multitasking could be facing unpaid overtime suits from managers after the California Court of Appeal ruled that a grocery store manager could not simultaneously perform both exempt and nonexempt tasks.


06.18.13

Time and Tide Wait for No Appellant

A recent Ninth Circuit decision makes clear that federal appellate procedure adheres to an old maxim: time and tide wait for no man.