EEOC Issues Guidance Regarding Transgender Employees

 The EEOC recently issued guidance regarding employers' obligations with respect to transgender employees. Key points: “Transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g., the sex listed on their birth certif
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Department of Labor Raises White Collar Salary Threshold

On May 18, 2016, President Obama and Department of Labor released the final rule updating overtime regulations. The final rule, which is effective on December 1, 2016, includes the following key provisions: The salary threshold for “white collar” workers will more than double from $45
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Defend Trade Secrets Act Requires Employer Action

On May 12, 2016 President Barack Obama signed into law the Defend Trade Secrets Act (“DTSA”). The new law basically does two things of significance: first, it gives Federal District Courts original jurisdiction over trade secret disputes, and second, it provides procedures that will a
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Businesses Beware – Misclassifying Workers Can Be Uber-Expensive

The California Labor Commission recently ruled that an Uber driver from San Francisco is an employee of the Company and not an independent contractor because, although Uber did not control her schedule, she performed services integral to Uber’s business and Uber controlled other criti
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Ninth Circuit Takes a Different Road in Ruling that Automobile Service Advisors are Not Exempt

On March 24, 2015, the Ninth Circuit Court of Appeals held that automobile service advisors – those friendly faces that evaluate your car troubles and recommend services and repairs – are not exempt from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements
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The Supreme Court in Young v. UPS Establishes New Approach to Pregnancy Discrimination and Balks at Ruling for Either Party

On March 25, 2015, the Supreme Court of the United States in Young v. United Parcel Service, Inc. refused to rule in favor for either Plaintiff, Peggy Young, or Defendant, United Parcel Service, Inc. (“UPS”), and instead, vacated the Fourth Circuit’s ruling and remanded the case back
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Defense Verdict Received in Favor of BurnsBarton Client in ADA Case

On Thursday, February 19, 2015 a unanimous jury in Arizona District Court returned a verdict in favor of BurnsBarton client Kingman Hospital, Inc., d/b/a/ Kingman Regional Medical Center (“KRMC”).  During the three-day trial, Plaintiff Chappell Grant-Willis alleged that KRMC violated
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A Punitive Damages Award of $185 Million: How to Avoid the Zone of AutoZone

There has been a lot of buzz about the gigantic punitive damages award recently handed down in a pregnancy and sex discrimination case in California.  For us, it is an opportunity to examine what lessons can be learned. Lesson No. 1:  Employers must thoroughly train their managers and
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