As widely reported, and as discussed in our blog post “Supreme Court Rules DOMA Section 3 Unconstitutional”, the U.S. Supreme Court struck down Section 3 of the federal Defense of Marriage Act (DOMA), which had defined marriage as a legal union only between one man and one woman. The Court’s 5-4 vote in U.S. v. Windsor means that same-sex couples who are legally married now must be treated in the same manner under federal law as married opposite-sex couples.Continue Reading The Impact of U.S. Supreme Court’s DOMA Decision on FMLA
Labor Law
Summer Seminar Series for Restaurants
By Labor & Employment on
Posted in Labor Law
Join Weintraub Tobin’s attorneys in connection with the California Restaurant Association and Leavitt Group in their Summer Seminar Series for Restaurants where they will examine the issues facing employers in the restaurant industry, health care reform and group captive alternatives.
Dates:
Tuesday, July 30, 2013
Claremont Resort, Berkeley, CA
Wednesday, July 31, 2013
Sutter Club,…
Who is the Supervisor? Supreme Court Resolves Long Simmering Question Under Title VII
By Ramona Carrillo on
Posted in Harassment, Labor Law
By: Chuck Post
In Vance v. Ball State University, the Supreme Court clarified a long open question, “Who is a supervisor under Title VII?” The question is important because employers are directly responsible for employee harassment by a supervisor. In the case of worker harassment of a co-worker, however, employer liability is less direct.
Tangled is The Heart: U.S. Supreme Court Rejects “Mixed Motives” As A Basis For Retaliation Claims
By Ramona Carrillo on
Posted in Labor Law, Retaliation and Wrongful Termination
By: Chuck Post
In University of Texas Southwestern Medical Center v. Nassar, the Supreme Court held that employees must show that “but for” the employer’s desire to retaliate, the employee would not have suffered an adverse action (demotion, termination, etc.) against him/her. Lower courts had been split over whether the “but for” standard was…
Certain Businesses Must Post Public Notices Regarding Rights of Victims of Human Trafficking
By Ramona Carrillo on
Posted in Labor Law, New Legislation and Regulations
By: Duyen T. Nguyen
Civil Code §52.6 requires specified businesses and other establishments, as of April 1, 2013, to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity. There are specific posting mandates, language requirements, and penalties for failure to post.Continue Reading Certain Businesses Must Post Public Notices Regarding Rights of Victims of Human Trafficking