Is your criminal screening process compliant? *

USA - May 30 2013
An employer's reluctance in hiring an applicant with a criminal history is understandable and sensible. Employers have an obligation to ensure a safe…

Co-authors: Tina Rad , Marlene M. Nicolas .

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Federal jury finds executive recruiter guilty stealing trade secrets from former employer in order to start competing business *

USA - May 1 2013
On April 24, 2013, a federal jury in the Northern District of California found former Korn/Ferry International corporate executive recruiter, David…

Co-authors: Danielle Levine .

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In a 2-to-1 split decision, the California Court of Appeal parses the language of an agreement and denies arbitration of California Labor Code claims *

USA - October 19 2012
In Elijahjuan v. Superior Court, Case No. B234794 (2nd Dist, Div. 8, Oct. 17, 2012), the California Court of Appeal held that the specific language of an agreement did not require plaintiffs to arbitrate their claims for misclassification as independent contractors in a wage and hour putative class action, concluding that the arbitration language covered only disputes arising from the “application or interpretation” of the plaintiffs’ work agreements.

Co-authors: Travis J. Anderson.

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The EEOC issues updated guidance on employer use of arrest and conviction records *

USA - May 4 2012
On April 25, 2012, the United States Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance on employers’ use of arrest and conviction records when making employment decisions under Title VII of the Civil Rights Act of 1964 (“Title VII”).

Co-authors: Ashley T. Hirano , Jonathan Sokolowski, James R. Hays .

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The EEOC finds discrimination on the basis of gender identity (against a transgender individual) a viable claim under Title VII *

USA - May 1 2012
In what is reported to be a landmark decision, the United States Equal Employment Opportunity Commission (“EEOC”), in Macy v. Bureau of Alcohol, Tobacco, Firearms and Explosives, found for the first time that discrimination against transgender individuals constitutes sex discrimination in violation of Title VII.

Co-authors: Rebecca R. Hirschklau , James R. Hays .

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