Sunday, July 5, 2026Labor & Employment Law
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California - General
Almost one year after the U.S. Supreme Court summarily vacated the original 2011 Sonic-Calabasas opinion (Sonic I1), the California Supreme Court issued its opinion on remand in Sonic-Calabasas A, Inc. v. Moreno (Sonic II2).
HR - Whistleblowing
ven though Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act more than three years ago, the basic question of who can claim the anti-retaliation protections of that law are less clear than ever. On one hand, the Securities and Exchange Commission (SEC) and a growing list
Benefits - ACA
Over the course of a hearing lasting more than three hours, U.S. Department of Health and Human Services Secretary Kathleen Sebelius fielded questions, complaints, and some praise from members of the House Energy and Commerce Committee about the Affordable Care Act’s implementation. Sebelius readily
Federal Gov't - General
In a speech delivered before the Center for American Progress on Tuesday, Labor Secretary Thomas Perez linked unionization to anti-poverty efforts. According to Perez, “There is an undeniable relationship — not just correlation, but direct causation — between declining poverty and the strength of th
Sex Discrimination - Orientation And Identity
During floor remarks on Monday, Senate Majority Leader Harry Reid (D-NV) announced that he intends to bring the Employment Non-Discrimination Act (ENDA) (S. 815) up for a full Senate vote in the coming weeks. Introduced in the Senate by Jeff Merkley (D-OR) and Mark Kirk (R-IL), ENDA would make it un
California - Wage & Hour
Brinker Restaurant Corp. v. Superior Court made it clear that California employers do not have to police meal and rest periods, so it would seem they have a safe harbor so long as employees have the freedom to take meal and rest breaks, right? Not only that, Brinker cited (albeit in a footnote) the
New York - Human Rights Law
In Romanello v. Intesa Sanpaolo, S.p.A.,1 the New York Court of Appeals adopted the broad reading of an employer’s duty to accommodate a disabled employee under the New York City Human Rights Law (City HRL), as initially set forth by a lower court in Phillips v. City of N.Y.2 The court acknowledged
Illinois - General
The wheels are in motion and soon the Illinois Firearm Concealed Carry Act will take flight. The law allows licensed individuals to carry concealed or partially concealed firearms on their persons and in their vehicles. Businesses need to act quickly if they intend to limit an individual’s ability t
FMLA - Coverage
Q: We have an exempt, managerial employee who in this past year took all 12 weeks of FMLA leave, and six additional weeks of unpaid leave. He also was intermittently absent for digestive problems to the tune of about four weeks. We're now in a new FMLA year and he is requesting FMLA leave again. Is
OSHA - General
The Occupational Safety and Health Administration (OSHA) has created two online resources aimed at reducing chemical hazards in the workplace. The first is an online toolkit to help employers identify chemicals that can be used as alternatives to more hazardous substances, or eliminate them altogeth
HR - General
This week, six federal financial regulatory agencies revealed their proposed standards for assessing the diversity policies and practices of the institutions they regulate. The goal is to promote transparency and awareness of diversity practices, in accordance with the Dodd-Frank Wall Street Reform
California - General
On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 Effective January 1, 2014, SB 530 amends Labor Code section 432.7 to include
California - Wage & Hour
Effective January 1, 2014, California will become the third state after New York and Hawaii to require overtime compensation for all nannies and other domestic work employees.
FLSA - Hours Worked
The U.S. Supreme Court has declined to review the Sixth Circuit Court of Appeals’ decision in White v. Baptist Memorial Health Care Corporation,* upholding summary judgment and dismissal of an emergency room nurse's Fair Labor Standards Act (FLSA) claim because she failed to follow procedures for re
California - General
The California Legislature concluded its 2013 regular session on September 12 with a flourish, sending a total this year of 896 bills to Governor Jerry Brown for approval (of 2,256 introduced). By the signing deadline last Sunday evening, Governor Brown had signed 800 bills into law, and vetoed 96 (
Pennsylvania - General
Pennsylvania’s Governor Tom Corbett has announced that he will sign the “benevolent gesture” bill after the legislation received unanimous support from lawmakers. The law permits health care providers, including hospitals, long-term care facilities and physicians, to offer a “benevolent gesture” (i.
FLSA - Minimum Wage, State Issues
The 2014 federal minimum wage will remain unchanged at $7.25 per hour for non-tipped employees, and $2.13 per hour for tipped employees. However, one state’s minimum wage will increase on December 31, 2013 and eight states have announced their minimum wage will increase on January 1, 2014. Moreover,
California - Wage & Hour
San Francisco recently adopted the “Family Friendly Workplace Ordinance,” which prohibits caregiver discrimination and gives employees a right to request “flexible” or “predictable working arrangements” to assist employees with caregiving responsibilities for children, family members with serious he
New Jersey - General
On September 26, 2013, Jersey City, New Jersey became the latest jurisdiction to mandate that private sector employees receive paid sick leave. Jersey City joins a handful of U.S. cities1 with a mandatory paid sick leave requirement: San Francisco, California; New York City, New York; Portland, Oreg
HR - Whistleblowing
The issue of whether attorneys may "blow the whistle" on conduct they reasonably believe violates securities laws, and thereby collect bounties under federal whistleblower laws, is controversial.