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The California Fair Employment and Housing Council (“FEHC”) recently adopted amendments to the existing regulation on sex discrimination which address transgender identity and expression. Some changes are subtle,...
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September 18, 2017
Ninth Circuit Rejects DOL’s “80/20 Rule” for Sidework: What This Means for Employers of Tipped Employees
The Ninth Circuit Court of Appeals recently rejected the U.S. Department of Labor’s (“DOL”) tip-credit guidance, commonly known as the “80/20 rule,” as well as its guidance on tasks unrelated to a tipped occupation....
September 11, 2017
California Employers Find Little Solace After Trump’s Department of Justice Drops Defense of Obama Overtime Pay Rule
On September 5, 2017, the U.S. Department of Justice dropped its defense of a controversial Obama-era overtime exemption rule, just days after a federal judge in Texas issued a nationwide permanent injunction blocking...
September 8, 2017
California Court of Appeal Issues Important Decision Impacting When Policyholders Can Tap Into Excess Insurance
SUMMARY In Montrose Chemical Corporation of California v. Superior Court , ___ Cal. App. 4th ___, No. B272387, 2017 WL 3772568 (Cal. Ct. App. Aug. 31, 2017), the California Court of Appeal issued a decision that has the...
September 7, 2017
Nevada’s Pregnant Workers’ Fairness Act Becomes Effective October 1, 2017: What Employers Need To Know
Nevada’s Pregnant Workers’ Fairness Act (NPWFA) expands the scope of protections provided to female employees for conditions related to pregnancy, childbirth, or a related medical condition. The NPWFA takes effect on...
September 5, 2017
New EEOC Lawsuit Highlights the Danger of Providing Unequal Benefits to New Parents Based Upon Gender
On August 30, 2017, the Equal Employment Opportunity Commission (“EEOC”) announced that it filed a lawsuit against cosmetics giant Estée Lauder, alleging the company’s parental leave program illegally...
This month’s key California employment law cases involve wage and hour (payment of wages) and civil procedure (class and representative actions). Wage and Hour – Payment of Wages: Minnick v. Auto. Creations,...
The California Supreme Court has confirmed that the attorneys’ fees an insured is compelled to incur due to a carrier’s bad faith (its “Brandt fees”) are compensatory damages to be considered when...
August 16, 2017
Ninth Circuit asks Nevada High Court Whether Non-Defending Insurer Must Pay Default Judgment Caused by Breach
The Ninth Circuit has certified to the Nevada Supreme Court the question of whether an insurer is liable for consequential damages caused by its breach of the duty to defend, including default judgments exceeding policy...
A California Court of Appeal has confirmed that primary insurers may not hide behind “other insurance” clauses to refuse to provide coverage. Certain Underwriters at Lloyds, London v. Arch Specialty Ins. Co., Cal....
In an opinion that can have a significant impact on insureds’ ability to settle claims, the Colorado Supreme Court ruled that policyholders will lose coverage if they strike a deal without their insurer’s consent....
July 30, 2017
Too much information? Think your e-mails and phone calls at work are private? Think again.
Employees often feel they have more rights to privacy at work than they actually do, according to an August 3rd article in the Miami Herald. As long as employees are made aware of company privacy policies, employers in most...