Labor Law

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In a 5-4 decision authored by Justice Kennedy and joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan, the United State Supreme Court issued a landmark decision in Obergefell at al. v. Hodges, Director, Ohio Department of Health, et al. on June 26, 2015.

The essence of the holding is that:

  1. The right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the Constitution, couples of the same-sex may not be deprived of that right and that liberty;
  2. The state laws challenged by the petitioners in the consolidated cases before the Court are invalid to the extent they exclude same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples.Beth-West-15_web

Continue Reading The U.S. Supreme Court Has Spoken – The 14th Amendment Requires States to Recognize Same Sex Marriage

A California Labor Commissioner has ruled that one of San Francisco-based Uber’s drivers, Barbara Ann Berwick, is an employee, not an independent contractor. The Labor Commissioner awarded Berwick just over $4,000 for incurred but un-reimbursed business expenses and interest. On a positive note, the Commissioner denied Berwick’s request for wages, liquidated damages, and waiting time penalties.Shauna Correia.standing

Traditionally, it is the “right to control” the means and manner of work that is the primary element of the independent contractor test. Here, though, the Labor Commissioner did not rely on the right to control.  Instead, she noted that the absence of such control is not necessarily dispositive where the actual details of the work required little or no supervision.  
Continue Reading Former Uber Driver Gets a Lyft from the Labor Commissioner

Summary of Program

Join the attorneys from Weintraub Tobin’s Workplace Investigations Unit (Beth West, Vida Thomas and Meagan Bainbridge) as they discuss the fundamentals of an effective workplace investigation.LaborEmpSeminarLogo

Program Highlights

  • The duty to investigate
  • Determining who will do the investigation
  • Recognizing your own biases
  • Tips for conducting the investigation
    • Preparation
    • Conducting and documenting witness

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At a time when the world is reading about Bruce Jenner’s gender transition to Caitlyn Jenner, the federal Occupational Safety and Health Association (OSHA) has issued its best practices guidelines regarding providing restroom access for transgender employees.Beth-West-15_web

In summary, here is what OSHA says:

The employee should determine the most appropriate and safest option for…

Abercrombie & Fitch (AF) refused to hire Samantha Elauf, a practicing Muslim, on the basis that the headscarf she wore during her interview conflicted with AF’s “Look Policy” which prohibits employees from wearing “caps” (a term that the Policy did not define). The Equal Employment Opportunity Commission (EEOC) filed suit on Elauf’s behalf, alleging a violation of Title VII of the Civil Rights Act of 1964, which, inter alia, prohibits a prospective employer from refusing to hire an applicant because of the applicant’s religious prac­tice when the practice could be accommodated without undue hard­ship. Elauf wore the headscarf as part of her religious practice as a Muslim but she did not communicate this to the manager who interviewed her nor did she ask for an accommodation in order to wear the headscarf.Beth-West-15_web
Continue Reading Supreme Court Issues its Decision in EEOC v. Abercrombie & Fitch Stores Answering the Question: When Does an Employer Have to Accommodate an Applicant’s Religious Practices?