• January 29, 2015

    AutoNation Case Shows High Bar To Undo Arbitrator Awards

    The California Supreme Court held Thursday that an AutoNation Inc. employee fired during medical leave wasn’t deprived of his rights because evidence in arbitration showed he violated a company policy by working elsewhere while on leave, a decision lawyers say ducks questions about employers’ “honest belief” defense while reinforcing that judicial review of arbitration awards is extremely limited.

  • January 29, 2015

    Employment Laws 'Outdated,' Judge In Lyft Wage Row Says

    The California federal judge overseeing Lyft Inc. drivers' proposed wage-and-hour class action against the ride-hailing company wrestled Thursday with whether to grant the drivers' bid for a ruling that they are full-fledged Lyft employees, calling the laws that distinguish employees from independent contractors “woefully outdated.”

  • January 29, 2015

    Industry Groups Push Senate To Pass Cybersecurity Bill

    A slew of industry groups from the insurance, banking and other sectors have pressed Congress to advance a cybersecurity bill that will boost the sharing of threat information between the private and public sectors, saying the bill will protect businesses from frivolous litigation they may face after taking action to mitigate cyberattacks.

  • January 29, 2015

    McConnell, Alexander Introduce Bill To Reform NLRB

    Senate Republican leaders introduced legislation Wednesday that takes aim at how the National Labor Relations Board operates, with reforms they contend would turn the panel from an advocate to an umpire and prevent the general counsel from operating as an activist.

  • January 29, 2015

    Calif. Anti-Bullying Law To Add Fuel To Worker Litigation

    A California law took effect this month requiring company supervisors to undergo anti-bullying training, a statute that management-side lawyers see as the beginning of broader efforts by state legislators to ban “abusive conduct” in the workplace that will open up a whole new area of employment litigation.

  • January 29, 2015

    US Businesses Slam 'Intrusive' Chinese Cybersecurity Rules

    A coalition of U.S. business groups on Wednesday took a firm stand against Chinese cybersecurity rules requiring foreign technology companies to hand over highly sensitive source codes to their banking sector clients, blasting the measures as an “intrusive” obstacle to innovation and competition.

  • January 28, 2015

    Microsoft, AmEx Urge Senate To Back Cyber Info-Sharing

    Officials from Microsoft Corp. and American Express Co. urged a Senate panel Wednesday to back legislation to help them share cyberthreat information with the federal government and other companies, saying they believed privacy and security concerns about data sharing could be ironed out.

  • January 28, 2015

    Reps. Reintroduce Legislation To Protect Personal Info

    U.S. Reps. Bobby L. Rush, D-Ill., and Joe Barton, R-Texas, reintroduced the Data Accountability and Trust Act on Wednesday, which would require businesses that own or possess any personal information of consumers to implement effective information security policies and procedures to protect that information.

  • January 28, 2015

    Consumers Back Strong Privacy Rules In US-EU Trade Pact

    A consortium of prominent consumer advocacy groups on Wednesday endorsed a proposal floated by European Union lawmakers that would shield privacy rules from any effort to streamline the flow of data in the ongoing Transatlantic Trade and Investment Partnership negotiations with the U.S.

  • January 28, 2015

    Calif. Appeals Court OKs CarMax Employees’ PAGA Claims

    A California appeals court Wednesday ruled that the lead plaintiffs in a putative wage-and-hour class action against CarMax Inc. must have their legal claims decided by an arbitrator, except for claims related to the Private Attorneys General Act, relying on the California Supreme Court's landmark Iskanian decision.

  • January 28, 2015

    Sens. Move To Revive Electronic Privacy Reform Bill

    A bipartisan pair of U.S. senators on Wednesday stepped up their long-running push to update the Electronic Communications Privacy Act by announcing their plans to reintroduce legislation that would raise the bar for government access to user data stored by service providers such as Google Inc. and Facebook Inc.

  • January 28, 2015

    Worker Who Withheld SSN Can’t Claim Bias, 6th Circ. Says

    The Sixth Circuit on Wednesday affirmed the dismissal of a discrimination suit filed against FirstEnergy Generation Corp. by a man who says the company refused to employ him without his Social Security number, which he disavowed because of religious beliefs, ruling such an accommodation would violate federal law.

  • January 28, 2015

    House GOP Takes Another Stab At Repealing ACA

    For at least the third time this year, and echoing dozens of unsuccessful attempts last year, Republican legislators have introduced in the House of Representatives a bill that would fully repeal the Affordable Care Act.

  • January 28, 2015

    DOL To Modernize 1970 Sex Discrimination Regulations

    Seeking to revoke and replace sex discrimination guidelines that have not been substantially updated since 1970, the Office of Federal Contract Compliance Programs announced Wednesday a notice of proposed rule-making to create new regulations for contractors and subcontractors to clarify provisions related to compensation, pregnancy and harassment.

  • January 27, 2015

    Walgreen Must Face Ex-Worker's National Origin Bias Suit

    A California district court denied Walgreen Co.'s bid to escape a national origin and age discrimination suit brought by a Yemeni man claiming a Walgreen supervisor told him to go work at 7-11 “with your kind of people,” finding Monday that the former employee had raised triable issues.

  • January 27, 2015

    Ex-Applebee's Workers Say 1st. Circ. Bolsters Wage Appeal

    Restaurant workers suing Applebee's franchisee T.L. Cannon Corp. for wage violations have urged the Second Circuit to overturn a ruling denying them class certification, arguing that a recent First Circuit antitrust ruling adopted their interpretation of the U.S. Supreme Court's Comcast decision.

  • January 27, 2015

    EEOC Says MacLean Bolsters Bid To Revive Allstate Suit

    The U.S. Equal Employment Opportunity Commission has told the Third Circuit that the U.S. Supreme Court's MacLean ruling bolsters its bid to revive a lawsuit targeting Allstate Insurance Co. over a release imposed on employees whom it was shifting to independent contractor status.

  • January 27, 2015

    Retail Groups Want Data Breach Law With Broad Preemption

    Retail and technology industry representatives on Tuesday told lawmakers contemplating a new federal data breach notification law that industry groups want broad preemption language that will usurp the current patchwork of state data breach regulations.

  • January 27, 2015

    Obama Officials Say House GOP’s ACA Suit Lacks Standing

    Officials in the Obama administration are accusing House Republicans of attempting to usurp executive power by filing a lawsuit challenging the implementation of certain Affordable Care Act provisions, including its employer mandate, urging a District of Columbia federal judge Monday to toss the suit for lack of standing.

  • January 27, 2015

    FTC Urges Enhanced Privacy, Security For Smart Devices

    The Federal Trade Commission on Tuesday released a long-awaited report calling on companies that develop Internet-connected devices such as fitness monitors and connected cars to take proactive steps to protect consumers’ privacy and security, an approach that the agency’s chairwoman said is essential to allow the emerging technology to flourish.

Expert Analysis

  • The Day Government Contractor Compliance Changed

    Markus Funk

    It is no overstatement that the Federal Acquisition Regulation provisions on human trafficking that were published on Thursday will have an immediate and significant impact on the 300,000 or so prime contractors, as well as the quite literally countless subcontractors and lower-tier subcontractors, for the world’s largest consumer of goods and services — the U.S. government, say attorneys with Perkins Coie LLP.

  • 5 TCPA Questions To Ask Your Marketing Department

    Ross Shanken

    To make sure that your marketing department is complying with the Telephone Consumer Protection Act, you need to look at the TCPA through a slightly different lens. Marketers don’t speak much legalese, so you might try your hand at some marketing speak, says Ross Shanken, CEO of LeadiD.

  • Time For Calif. Employers To Check Hours Worked Policies

    Karen Reinhold

    Following the California Supreme Court's analysis in Mendiola v. CPS Security Solutions Inc., employers would be wise to review any standby, on-call or pager practices used with nonexempt workers. Whether on-call or standby time should be treated as compensable hours worked will involve a factual analysis of the degree of control exercised by the employer, say Karen Reinhold and Daniel Pyne of Hopkins & Carley.

  • M&G Polymers May Impact Private And Public Sector

    Frances Rogers

    The U.S. Supreme Court's recent demand that ordinary principles of contract law apply in M&G Polymers USA v. Tackett over whether retiree medical benefits in a collective bargaining agreement are per se vested has implications for both private and public sector employers, despite the latter being guided by other legal strictures and public policy considerations, says Frances Rogers of Liebert Cassidy Whitmore.

  • 3 Considerations For Audit Committees In 2015

    James B. Carlson

    Audit committee members are facing increased demands heading into 2015, which expose them to greater regulatory scrutiny and potential liabilities, and provide the basis for proxy and shareholder activists to oppose their re-election. Public companies, as well as private companies considering accessing the capital markets, need to be mindful of certain considerations, say attorneys with Mayer Brown LLP.

  • Iskanian V. CLS Will Continue To Divide Calif. Courts

    Regina Silva

    The U.S. Supreme Court's recent denial to hear Iskanian v. CLS Transportation Los Angeles LLC means it remains good law and is binding on all state courts. However, since California federal courts appear to have no intention of following the opinion, legal observers should expect significant forum-shopping by litigants going forward, says Regina Silva, senior counsel at Tyson & Mendes LLP and a former prosecutor.

  • Who Owns Your Company Facebook Account? #unclear

    Nary Kim

    Over 70 percent of Fortune 500 companies now maintain a Twitter or Facebook account. Like their human counterparts, companies are actively blogging, tweeting, updating their Facebook pages, and posting videos and comments on YouTube. But who owns these social media accounts, employee or employer? Turns out, it's not so clear, say attorneys with Jenner & Block LLP.

  • Increasing Deference To Boards — But Not 'Anything Goes'

    Robert C. Schwenkel

    Over the past year, Delaware courts have continued a trend in their opinions toward increased judicial deference to the decisions of independent and disinterested directors. What has changed is the lens through which the courts view, and thus apply, the fundamental ground rules for review of a sale process, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • NJ Independent Contractor Ruling Favors Employees

    Mark E. Tabakman

    Unemployment cases involving independent contractor determinations have shown that the ABC test is one of the toughest for employers trying to prove the absence of an employer-employee relationship. Accordingly, the New Jersey Supreme Court's recent decision in Hargrove v. Sleepy's LLC has decidedly and emphatically increased the coverage and protection of New Jersey wage and hour laws in favor of employees, says Mark Tabakman of F... (continued)

  • White Collar Exemption Changes May Increase Labor Costs

    Michael V. Abcarian

    When the U.S. Department of Labor publishes the specifics of its anticipated changes to the white collar exemption rule in February, it is a virtual certainty the DOL will impose a substantially higher minimum salary for valid application of the Fair Labor Standards Act's administrative, executive and professional exemptions, says Michael Abcarian of Fisher & Phillips LLP.