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The Early Bird Catches the Worm: Delaying Motion to Compel Arbitration Can Waive Right to Arbitration in California
  • Ogletree Deakins
  • USA
  • September 21 2016

On June 16, 2016, a California Court of Appeal, in an unpublished decision, issued yet another ruling applying the doctrine of waiver to arbitration


Ninth Circuit Approves Neutral Time Clock Rounding Practice
  • Ogletree Deakins
  • USA
  • September 19 2016

Time clock rounding is a longstanding employer practice whereby employers round employee starting and stopping times to the nearest five Minutes, or


Lawsuit Challenges OSHA’s “Union Walk Around Rule”
  • Ogletree Deakins
  • USA
  • September 14 2016

On September 8, the National Federation of Independent Business (NFIB) filed a federal court complaint in Dallas, seeking to strike down what has


Pay Equity FAQs: Answers to the Questions That Keep You Up at Night
  • Ogletree Deakins
  • USA
  • September 12 2016

As employers are learning about the many trends and changes that are bringing pay equity issues to the fore, they are asking questions regarding what


Second Circuit Adopts “Cat’s Paw” Theory of Imputing Nonsupervisory Employee’s Retaliatory Intent to Employer
  • Ogletree Deakins
  • USA
  • September 12 2016

In Vasquez v. Empress Ambulance Service, Inc., No. 15-3239-cv (August 29, 2016), the Second Circuit Court of Appeals set new precedent when it held


Notice and Opportunity to Bargain: What Newly Organized Employers Must Do Before Imposing Discipline
  • Ogletree Deakins
  • USA
  • September 7 2016

Notwithstanding Member Miscamarra's detailed dissent showing the majority's flawed reasoning and departure from long-standing precedent, the National


The EEOC’s New Wide-Reaching Retaliation Guidance: What Should Employers Do Now?
  • Ogletree Deakins
  • USA
  • September 7 2016

On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced the release of its long awaited Enforcement Guidance on Retaliation


The Cat Is Out of the Bag: Second Circuit Rules Cat’s Paw Theory Applies to Nonmanagerial Coworkers
  • Ogletree Deakins
  • USA
  • September 6 2016

Rarely has the maxim "hard cases make bad law" found greater application than in the Second Circuit Court of Appeals' recent decision to expand the


Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward
  • Ogletree Deakins
  • USA
  • September 1 2016

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group


Ninth Circuit Issues Pro-Employer and Pro-Union Ruling Against Worker With a Long History of Harassing Comments
  • Ogletree Deakins
  • USA
  • August 31 2016

In a recent decision, the Ninth Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of the defendants in a case