Correctional Officers FEHA Claims are Barred by Res Judicata for Already Adjudicated Workers’ Compensation Cases

The California Court of Appeal recently held that employees’ workers’ compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act (“FEHA”) based on the doctrine of res judicata.  Continue Reading

Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain individuals they see as particularly vulnerable to sexual harassment and assault, including hotel workers. Continue Reading

Jury Returns Verdict in Favor of Dollar Tree in Electronic Wage Statement Class Action

On November 7, 2017, after a four-day trial, a federal jury in Los Angeles, California returned a verdict in favor of Dollar Tree Stores, Inc. in a class action filed against the company by former employee Francisca Guillen. The case was pending in the Central District of California before Hon. Michael W. Fitzgerald. Continue Reading

Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy

Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act (“FLSA”) alleging that a retailer’s commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (6th Cir. Ohio Oct. 12, 2017). The decision provides support for the legality of taking a draw on an employee’s future commissions, and highlights the problem with having a policy that requires repayment of draws upon termination. Continue Reading

Update: New York Paid Family Leave Law Becomes Effective on January 1, 2018

As we previously reported, New York State adopted the New York Paid Family Leave Law (“Paid Leave Law”) back in April 2016. The Paid Leave Law, which requires employers in New York State to provide up to 12 weeks of paid leave benefits to employees, becomes effective beginning on January 1, 2018. With the effective date fast approaching, this article will provide an overview of key aspects of the Paid Leave Law in order to help employers as they attempt to comply with the new requirements of the Law. Continue Reading

New York Mayor Expands Paid Sick Leave Law: Employers Required to Provide Paid ‘Safe Leave’ for Abuse Victims

Earlier this month, New York City Mayor Bill de Blasio signed the “Earned Safe and Sick Time Act” into law. The new law, which will take effect on May 5, 2018, expands the purposes for which employees may use sick leave, broadens the definition of covered family members, and imposes new notice and recordkeeping requirements on employers. The law does not increase the total amount of leave employees are entitled to under the city’s existing sick leave ordinance. Continue Reading

Yoga and Massage Therapist Fired for Being “Too Cute” Sees Gender Discrimination Claim Revived on Grounds of Unjustified Spousal Jealousy

A New York appeals court recently ruled in Edwards v. Nicolai (153 A.D.3d 440 (N.Y. App. Div. 1st Dep’t 2017)) that an employment termination motivated by the sexual jealousy of an employer’s spouse may support a claim for gender discrimination under the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”). Continue Reading

The Latest Turn in the Travel Ban Road

A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to travelers without bona fide ties to the U.S. The Hawaii court’s order meant that Travel Ban 3.0 was put on hold. Continue Reading

In January, Will You be Able to Board Your Domestic Flight With Your Current Driver’s License?

BACKGROUND

In 2005, Congress passed the Real ID Act, enacting national standards for obtaining state driver’s licenses and I.D. cards. These federally mandated standards require states to use enhanced security features and identification procedures, and to review documentary evidence of legal status, before issuing a driver’s license or identity document. The Act requires that only individuals with a Real-ID-compliant identity document may (1) access federal facilities; (2) enter nuclear power plants; or (3) board commercial aircrafts for domestic flights. Continue Reading

House Approves Save Local Business Act – Bill To Overturn Controversial Joint Employer Ruling

Yesterday evening, the U.S. House of Representatives passed the “Save Local Business Act” (H.R. 3441 – Bryne), legislation that would amend the National Labor Relations Act and the Fair Labor Standards Act to limit joint employer liability. The bill advanced to the Senate by a 242-181 vote. For more information on the bill, see our September 19, 2017 post. For a fact sheet on the bill from the House Committee on Education and the Workforce click here. Sheppard Mullin will continue to track the bill’s progress and keep you updated here on any important changes at the Senate level.

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