NEWS

Earlier this month, the Eighth Circuit Court of Appeals issued an opinion that may make it more difficult for employees in that Circuit to assert claims under the American with Disabilities Act ("ADA") and Family and Medical Leave Act "(FMLA") in certain...

Washington State's Supreme Court held last week that an employer who refuses to hire a job applicant because of her pregnancy is liable for sex discrimination under Washington's Law Against Discrimination absent proof of a bona fide occupational qualification. Hegwine...

An opinion handed down by the California Court of Appeal last week underscores the importance of engaging in an "interactive process" to determine reasonable accommodations for a disabled employee. In Wysinger v. Automobile Club of Southern California, a 25-year...

Today, the California Supreme Court issued the attached highly-anticipated decision, Gattuso v. Harte-Hanks Shoppers, Inc., involving an employer's obligations to reimburse employees for expenses they necessarily incur in the discharge of their duties. The Court...

On Friday October 19, 2007, the EEOC issued a warning about a "phishing" e-mail circulating to companies that purports to be from the EEOC regarding a harassment complaint. The bogus e-mail contains a Trojan Horse Virus that is likely to harm a recipient's computer if...

Today, the California Supreme Court issued the long awaited decision in Gentry regarding the enforceability of class action waivers in arbitration agreements. The Court held, in a 4 to 3 decision, that "at least in some cases, the prohibition of classwide relief would...

On July 24, 2007, the Third District Court of Appeal in California issued the attached decision, Arias v. Superior Court, --- Cal.Rptr.3d ----, 2007 WL 2111017.  Click here to read the opinion. At issue in Arias was whether an employee bringing an action on behalf of...

On Monday, the California Supreme Court unanimously ruled that Thomas M. Siebel, founder of Siebel Systems, Inc., could proceed with a malicious prosecution suit against lawyers who prosecuted an employment case against him. Siebel v. Mittlesteadt, 07 C.D.O.S. 8353, ...

The Washington State Legislature has been busy in 2007 enacting a number of substantial provisions related to employment issues. Here is a brief overview of a few key changes. 1. Pre-Employment Background Checks Employers may procure information regarding an...

On January 12, 2007, we circulated an email describing the more notable issues raised by San Francisco's new Paid Sick Leave ordinance ("PSL"). As you may recall, the PSL went into effect on February 5, 2007. Shortly after the effective date, however, the San...

U.S. Supreme Court Limits Employee Job-Bias Claims In a 5 to 4 decision issued on May 29, 2007, the U.S. Supreme Court held that an employee could not assert a Title VII pay discrimination claim against her employer based on allegedly discriminatory pay decisions that...

Today, the Ninth Circuit Court of Appeals found that evidence of favoritism coupled with credibility issues surrounding an employer's non-discriminatory reasons for an adverse employment decision was enough to create a triable issue of fact regarding discrimination,...