Legal News

Every company has faced challenges related to the social media presence of, or use by, prospective and current employees. This includes questions about off-duty conduct that spills over into the workplace, posting about terms and conditions of...By: Constangy, Brooks, Smith & Prophete, LLP

Don't take "don't guess" too literally. One bit of very standard advice that all attorneys give to their clients before they testify in a deposition or in court is "Don't speculate." If you don't know something, don't try guessing at it....By: Constangy, Brooks, Smith & Prophete, LLP

Review your arbitration programs now, and consider making changes by year-end. (Part 1 of a two-part series.) - In August, the California Supreme Court held that an employer's litigation-like arbitration process was substantively unconscionable...By: Constangy, Brooks, Smith & Prophete, LLP

Uh, no, says judge. Last week, I posted that the Equal Employment Opportunity Commission had asked Judge Tanya Chutkan to declare its EEO-1 "Category 2" pay data collection efforts to be complete....By: Constangy, Brooks, Smith & Prophete, LLP

Two courts have said yes, but one now says no. In 2017, I wrote about a federal court decision saying that gender dysphoria was a "disability" within the meaning of the Americans with Disabilities Act. A year later, another federal court agreed....By: Constangy, Brooks, Smith & Prophete, LLP

Are you ready for these new laws that take effect January 1? Recently, Gov. Gavin Newsom (D) signed several measures into law providing for new rights and protections for California employees. The following provisions take effect January 1:...By: Constangy, Brooks, Smith & Prophete, LLP

But it depends on what your definition of "complete" is. The Equal Employment Opportunity Commission has filed a motion asking a federal judge to declare "complete" its collection of EEO-1 "Category 2" pay data....By: Constangy, Brooks, Smith & Prophete, LLP

Who's the "swing vote," the "parade of horribles," and more. I'm sorry that I haven't blogged lately, but duty called. I've missed you, dear readers! As you all knew, the U.S. Supreme Court heard oral argument last week in the cases addressing...By: Constangy, Brooks, Smith & Prophete, LLP

As most employers now know, the U.S. Department of Labor will be raising the salary thresholds that apply to most of the “white-collar” overtime exemptions effective January 1. The higher thresholds will apply primarily to employees who would...By: Constangy, Brooks, Smith & Prophete, LLP

If you thought employers were overburdened with wage penalties in California, you were wrong. Well, you were right, but apparently the California legislature doesn't think so....By: Constangy, Brooks, Smith & Prophete, LLP