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U.S. Supreme Court narrows public-sector unions' ability to collect special assessments or extra union dues and raises doubts about "fair share fees"

Baker & Hostetler LLP
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USA
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June 27 2012

The U.S. Supreme Court held Thursday, June 21, that the Service Employees International Union violated the First Amendment rights of California state employees when it imposed a special political assessment without first issuing a notice explaining the additional fees and giving nonunion members a chance to object

The EEOC final regulations under the ADAAA

Baker & Hostetler LLP
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USA
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May 24 2011

On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law

Supreme court extends Fair Labor Standards Act anti-retaliation protection to employees who make oral complaints

Baker & Hostetler LLP
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USA
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March 28 2011

The U.S. Supreme Court, in a 6-2 decision, ruled on Tuesday, March 22, 2011, that the Fair Labor Standards Act ("FLSA") protects employees who make oral complaints about a violation of the FLSA

Supreme Court endorses "cat's paw" theory of employer liability for discriminatory employment actions

Baker & Hostetler LLP
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USA
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March 4 2011

On March 1, 2011, the U.S. Supreme Court issued a near-unanimous decision in the closely watched employment case, Staub v. Proctor Hospital, No. 90-400

New EEOC regulations implement the Genetic Information Nondiscrimination Act (GINA)

Baker & Hostetler LLP
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USA
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February 3 2011

On January 10, 2011, Equal Employment Opportunity Commission (EEOC) regulations implementing the Genetic Information Nondiscrimination Act (GINA) took effect, interpreting and clarifying the Act's employment provisions

Bond requirement for wage claim appeals

Baker & Hostetler LLP
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USA
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January 26 2011

Effective January 2011, under the new amendment to California Labor Code Section 98.2, employers, before filing an appeal of a wage claim administrative decision, will be required to post a bond or pay a cash deposit to the court in the amount of the judgment received in the administrative hearing

Revised heat regulations include new shade provisions and training requirements

Baker & Hostetler LLP
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USA
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January 26 2011

Under recent revisions, employers are required to provide shade when temperatures reach 85 degrees Fahrenheit and to institute "high-heat" procedures (such as observing employees for signs of illness and reminding employees to drink water) at 95 degrees

Paid leave for organ and bone marrow donors

Baker & Hostetler LLP
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USA
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January 26 2011

Effective January 2011, California employers with 15 or more employees must provide paid leave to organ and bone marrow donors

California Court of Appeal decision awards civil penalties under the Private Attorneys General Act of 2004 for violation of wage order

Baker & Hostetler LLP
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USA
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January 26 2011

In Bright v. 99 Only Stores (case no. B220016), the California Court of Appeal held that a cashier could recover civil penalties when her employer failed to provide her suitable seating as required by Wage Order No.7-2001, subdivision 14 (requiring that employers provide employees with seating where the nature of the work reasonably permits the use of seats

FLSA requires lactation accommodation by employers

Baker & Hostetler LLP
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USA
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January 26 2011

Under the Patient Protection and Affordable Care Act ("PPACA"), the FLSA was amended to require employers to provide non-exempt employees with a private location and reasonable time to express breast milk whenever the employee has a need to