EEOC Issues Guidance Regarding Transgender Employees
May 19, 2016
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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
Continue Reading →Department of Labor Raises White Collar Salary Threshold
May 19, 2016
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
Continue Reading →Defend Trade Secrets Act Requires Employer Action
May 13, 2016
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
Continue Reading →Businesses Beware – Misclassifying Workers Can Be Uber-Expensive
July 06, 2015
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
Continue Reading →Ninth Circuit Takes a Different Road in Ruling that Automobile Service Advisors are Not Exempt
April 20, 2015
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
Continue Reading →The Supreme Court in Young v. UPS Establishes New Approach to Pregnancy Discrimination and Balks at Ruling for Either Party
March 30, 2015
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
Continue Reading →Defense Verdict Received in Favor of BurnsBarton Client in ADA Case
February 23, 2015
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
Continue Reading →A Punitive Damages Award of $185 Million: How to Avoid the Zone of AutoZone
December 12, 2014
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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