California High Court Dials Up a Win for Employees

The California Supreme Court recently announced that under section 2802 of the California Labor Code employers must reimburse employees who are required to use personal cell phones for work purposes.  Cochran v. Schwan's Home Service (CA Ct App 2014). "If an employee is required to ma
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Pregnancy: More Protected Than Ever

On July 14, 2014 the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidelines under the Pregnancy Discrimination Act (PDA).  Such guidelines are not binding upon employers; rather, they instruct EEOC investigators about issues to watch for when investigating cl
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Vindication for Forever Living in FMLA lawsuit

On Thursday, November 14, 2013 a unanimous federal jury returned a verdict in favor of BurnsBarton client Forever Living Products International, in a trial testing the notice requirements of the federal Family and Medical Leave Act ("FMLA").  Plaintiff Mary Clare Peak was discharged i
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Supreme Court Raises Bar for Proving Retaliation

In a decision favoring employers, the Supreme Court split 5-4 on the issue of which causation standard should apply to Title VII retaliation claims.  In University of Texas Southwestern Medical Center v. Nassar, Justice Kennedy wrote for the majority, which held that claimants in reta
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Successful Trial for BurnsBarton

On May 23, 2013, a jury of 8 ruled in favor of United Parcel Service in a case defended by attorneys C. Christine Burns and David T. Barton. The plaintiff, a current UPS employee, alleged that UPS retaliated against him because he filed a charge of discrimination under the Americans w
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Phoenix Bans Sexual Orientation Discrimination in the Workplace

On Tuesday, the Phoenix City Council voted 5-3 to pass an amended ordinance prohibiting discrimination based on "sexual orientation," "gender identity or expression," and "disability." For private employers, this change in the law means they risk criminal penalties if they are found t
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