September 2020 “Check-in” on Labor & Employment Developments: CSB, OSHA, Payroll Tax Deferral Via Executive Order, AI in Employee Selection
While the Trump Administration has not missed a beat in appointing federal judges, it has ignored (or worse) filling vacancies in administrative... Read More
Covid Conundrums, Fickleness of Agency Deference, Resisting Labor in a Pandemic, and Days of Armendariz-Are They Over?
From the Covid Desk: The United Mine Workers of American International Union and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,... Read More
Church Abuse of “Ministerial Exception”: “Good For The Goose”
A. Introduction Recently I have “vented” with other attorneys who have shared the experience of representing former parochial school teachers and administrators... Read More
REINHARDT WRITINGS RING TRUE
As we mourn the passing of the Ninth Circuit’s “liberal lion,” Judge Stephen Reinhardt, we should celebrate one of his last writings,... Read More
Landmark EEOC Suits Allege Sexual Orientation Discrimination As Sex Discrimination Under Title VII
The EEOC announced in a press release today the filing of its first two suits challenging sexual orientation discrimination as sex discrimination. ... Read More
California Court of Appeal Clarifies Proper Jury Instruction on Employer Intent to Discriminate Against Disabled Employee
In its February 25, 2016 decision in Wallace v. County of Stanislaus, 2016 DJDAR 1932, the California Court of Appeal for the... Read More
EEOC PUBLISHES FOR PUBLIC INPUT DRAFT ENFORCEMENT GUIDANCE ON RETALIATION AND RELATED ISSUES
On January 21, 2016 the EEOC published a 72-page proposed Enforcement Guidance on Retaliation and Related Issues (Proposed Guidance), designed to supersede... Read More
It’s Not Comparable Worth But…..
On September 1, 2015, with bipartisan support and the approval of the California Chamber of Commerce, the California Senate unanimously passed SB... Read More
Labor Day Musings Courtesy of Marion Cotillard: Depression, Job Loss, Precarious Employment & Labor Solidarity
For Labor Day weekend I watched a 2014 Belgian film, Two Days One Night by directors Jean-Pierre and Luc Dardenne. The film... Read More