• 10.22.19

    Employers Cannot Contractually Limit Title VII Claims

    Employers cannot shorten the time period in which employees can file a Title VII claim by contract, the U.S. Court of Appeals for the Sixth Circuit has ruled.

  • 10.11.19

    California Governor Signs Bill Banning Mandatory Arbitration of Employment Claims

    On October 10 2019 Gov Gavin Newsom signed into law Assembly Bill 51 While styled as a bill pertaining to enforcement of employment discrimination under the Fair Employment and Housing Act (FEHA) the bill sweeps far more broadly

  • 09.27.19

    DOL Announces Final Overtime Exemption Rule

    On March 7, 2019, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (“Proposed Rule”) which sought to increase the minimum salary thresholds for the Fair Labor Standards Act’s “white collar” and “highly compensated” overtime exemptions.

  • 09.24.19

    Landmark Legislation AB5 Codifies Dynamex ABC Test and More

    In a signing statement on September 18, 2019, Governor Gavin Newsom declared Assembly Bill 5 “landmark legislation for workers and our economy.”

  • 09.24.19

    California Delays Sexual Harassment Training Requirements

    California employers set to comply with the new sexual harassment training requirements arising out of last year’s Senate Bill 1343 got a recent reprieve with new legislation that provides a partial one-year extension. 

  • 09.24.19

    California Supreme Court: Unpaid Wages Are Not Recoverable Under PAGA

    In a welcome surprise for employers, on September 12, 2019, the California Supreme Court resolved the significant issue of whether unpaid wages constitute a civil penalty recoverable in Private Attorneys General Act (PAGA) claims premised on violations of Labor Code Section 558.

  • 09.24.19

    Three Big Moves From the NLRB

    The top three stories in National Labor Relations Board (NLRB) news in recent weeks include (1) a decision holding that the misclassification of workers does not constitute an independent violation of the National Labor Relations Act (NLRA), (2) a ruling on mandatory arbitration agreements in the ...

  • 09.24.19

    Ninth Circuit Adopts But-For Causation Standard in ADA Discrimination Claims

    Rejecting the motivating factor causation standard, the U.S. Court of Appeals for the Ninth Circuit declared that the “but-for” standard of causation applies to Americans with Disabilities Act (ADA) discrimination claims.

  • 09.24.19

    Court Sides With Nurse in Discrimination Suit

    Claims of racial bias brought by a black nurse who was reassigned by her employer after a white patient complained can move forward, a federal court in Michigan ruled, writing that any intentional use of race—even for benign motives—must be subjected to careful judicial scrutiny.

  • 08.29.19

    New York Dramatically Expands Harassment Protections

    On August 12, Governor Cuomo signed sweeping new legislation toughening and substantially broadening New York’s sexual harassment protections.