Introduction For the first time, a federal appellate court has determined that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Under Title VII, an employer may not take an adverse employment action against an employee on the basis… Continue Reading
Tag Archives: employment
New York Governor Continues To Strengthen Equal Pay Protections
Posted in Disability Discrimination, Discrimination, Labor Law, New Legislation and RegulationsBy Vida L. Thomas On January 9, 2017, New York Governor Andrew Cuomo announced his new “New York Promise” agenda, a sweeping package of reforms that the Governor promises will “advance principles of social justice, affirm New York’s progressive values, and a set a national standard for protections against all forms of discrimination.” As part… Continue Reading
“From Hiring to Firing” – The Life Span of the Employment Relationship
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful TerminationDate: February 23, 2017 Time: 9:30 a.m. – 11:30 a.m. Summary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this informative seminar that will discuss applicable laws and best practices to help business owners, human resource professionals, and managers avoid liability when they hire, discipline, and terminate employees. Program… Continue Reading
Does Your Service Animal Need a Stand Up Desk? Discrimination and Accommodation of Employees, Customers and Third-Parties
Posted in Disability Discrimination, Discrimination, Employment Contracts and Agreements, Labor LawSummary of Program The Labor and Employment Group at Weintraub Tobin is pleased to offer this very informative training session that will help business owners, human resource professionals, and managers to both comply with legal record keeping requirements and also prepare and maintain effective defensive documentation. Most business owners know that customers and employees may… Continue Reading
Ninth Circuit Weighs In On Class Action Waivers
Posted in Employment Contracts and AgreementsA new decision from the U.S. Court of Appeals for the Ninth Circuit continues to leave employers uncertain as to the enforceability of class action waivers in arbitration agreements. The Seventh and Ninth Circuits are on one side of the issue, and the Second, Fifth, Eighth, and Eleventh Circuits on the other. The Seventh and… Continue Reading
Illinois’ “Child Bereavement Leave Act”
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor LawOn July 29, 2016, the Illinois General Assembly adopted SB 2613 – the Child Bereavement Leave Act (“Act”) which provides eligible employees with the right to take bereavement leave for the death of a child. The law went into effect immediately. Covered Employers. The Act defines covered employers the same way the federal Family and Medical… Continue Reading
San Francisco’s Board of Supervisors Severely Limits Employers’ Criminal History Checks and “Bans The Box”
Posted in Labor LawThe San Francisco’s Board of Supervisors has now prohibited the widely used criminal history check box for employment applications. Unless the Mayor vetoes it, the “ban the box” ordinance will become law no later than Thursday, February 13, 2014. In addition to banning the box, the new San Francisco legislation imposes a host of additional… Continue Reading
Upcoming Seminar: Untrained Managers and Supervisors – What They Need To Know
Posted in Labor LawSummary of Program Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace. Untrained supervisors can… Continue Reading
Upcoming Seminar: Employment Law Update
Posted in Labor Law2013 – A Year in Review 2014 – An Interesting Year Ahead Summary of Program Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2013 and review the complexities of a number of new laws facing employersin 2014. Sacramento Date: January 16, 2014 Time: 9:00 a.m. –… Continue Reading
Attorney Fees Continue to be the 800-Pound Gorilla in Employment Cases
Posted in Labor LawBy: Brendan J. Begley A federal appellate court this week upheld an attorney-fee award of nearly $700,000 to a California employee who won less than $28,000 in damages in a lawsuit alleging wrongful demotion. According to the Ninth U.S. Circuit Court of Appeals in Muniz v. United Parcel Service, Inc., Case No. 11-17282, the trial… Continue Reading
Weintraub Tobin’s 2014 Labor & Employment Seminars and Training Schedule
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourHot off the print press – Weintraub Tobin’s 2014 Labor and Employment Training and Seminar Schedule is now available. Click here for a copy of the schedule. Our Employment Law Update is scheduled for January 16, 2014 (Sacramento) and January 23, 2014 (San Francisco). Seating is limited so register early to reserve your spot. Please contact… Continue Reading
Settling Employment Law Claims: You, the Employee,…….and the IRS?
Posted in Labor Law, Wage & HourBy: Shauna N. Correia Many of our employer clients and their in-house counsel recognize that most of the claims paid in an employment settlement are taxable income for the employee. Employers therefore, wisely require that at least some of the settlement payment to the employee be made in the form of a payroll check, with applicable… Continue Reading
Weintraub Tobin’s Labor & Employment Blog Ranked 22 in the Nation
Posted in Labor LawParalegal 411 Ranked the Top 25 Employment Law Blogs. To review the article, please click here.
Seattle Employers Beware: Use of Arrest and Conviction Records In Employment Decisions May Violate the City’s New Job Assistance Bill
Posted in Employee Privacy Rights, Labor Law, New Legislation and RegulationsBy: Lizbeth V. West, Esq. On June 10, 2013, the Seattle City Council unanimously passed a new city ordinance called the “Job Assistance Bill.” The new ordinance applies to employers of all sizes, including temporary and staffing agencies.
Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws
Posted in FMLA and Other Leaves of Absence, Labor LawEmployers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need… Continue Reading
Arrest and Conviction History: As to Banks and Financial Institutions, Is the EEOC’s Guidance Built on An Erroneous Foundation?
Posted in Employee Privacy Rights, Labor LawBy: Chuck Post and Lizbeth West The EEOC issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.” on April 25, 2012. (“EEOC Enforcement Guidance No. 915.002”.)
Breaking News for Employers: The Comcast Class Action is Off the Air
Posted in Labor Law, Wage & HourBy: Shauna N. Correia The Supreme Court shut down a proposed class action against Comcast last week, another step in the right direction for employers faced with class action lawsuits. (Comcast Corp. et al v. Behrend et al, No. 11-864 (March 27, 2013).)
Employment Due Diligence in Mergers and Acquisitions
Posted in Labor LawBy: Lizbeth V. West In Teed v. Thomas & Betts Power Solutions LLC, the Seventh Circuit held that a company that acquired another business’s assets at a receiver’s auction was responsible for paying a $500,000 settlement reached in a Fair Labor Standards Act (FLSA) lawsuit between the predecessor business and its employees. The acquiring company knew… Continue Reading
Spring Cleaning Your Hiring Packet?: Start With The Newly Revised I-9
Posted in Labor LawThe newly revised Form I-9 is here! A revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment eligibility of every new hire, must be used starting March 11, 2013. The new form includes the expansion of the Form I-9 from one to two pages (not… Continue Reading
Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)
Posted in FMLA and Other Leaves of Absence, Labor LawBy: Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed… Continue Reading
First “Commission” Agreements Must Be in Writing. Now the Definition of “Commissions” is Limited Under Labor Code § 2751
Posted in Labor Law, New Legislation and Regulations, Wage & HourLast year, California revised Labor Code section 2751 such that any employment agreement involving “commission” payments would have to be put into writing with a signed copy of the agreement be given to the employee. Those revisions go into effect on January 1, 2013.
Don’t Ask for Passwords – Restrictions on Employer Use of Employee Social Media Accounts and Information is Now Law
Posted in Labor Law, New Legislation and RegulationsBy: Charles L. Post AB 1844 is now law. Among other things, it: (1) prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social media or to require the employee or applicant to access personal social media in… Continue Reading
New Law Requires Rethinking Dress Codes and Religious Accommodations for Employees
Posted in Discrimination, Labor Law, New Legislation and RegulationsBy: Brendan J. Begley California Gov. Jerry Brown signed into law earlier this month the Workplace Religious Freedom Act, AB 1964, a bill that expands the prohibition against religious discrimination by employers. This new law mandates that workers receive equal protection despite their religious beliefs or appearance while protecting those who wear religious attire. The… Continue Reading
DO YOUR EMPLOYMENT POLICIES VIOLATE THE NATIONAL LABOR RELATIONS ACT? You’d Be Surprised – But They Very Likely Do!
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and RegulationsBy: Lizbeth V. West, Esq. On September 7, 2012, the National Labor Relations Board (NLRB) issued an opinion in Costco Wholesale Corp. v. NLRB. The case is an important one for all employers (regardless of whether their employees are union or non-union). It deals with the NLRB’s continuing focus on what it believes to be over-reaching… Continue Reading
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