Legal News

OFCCP proposes to broaden protection of religious exercise. Citing the need to clarify the scope and application of the religious exemption for federal contractors, the Office of Federal Contract Compliance Programs issued a proposed regulatory...By: Constangy, Brooks, Smith & Prophete, LLP

Building on last year's Supreme Court decision in Epic Systems. On Wednesday, the National Labor Relations Board addressed several important questions involving employers’ arbitration agreements and the National Labor Relations Act....By: Constangy, Brooks, Smith & Prophete, LLP

We should know today. The U.S. Department of Justice is reportedly trying to get the Equal Employment Opportunity Commission to reverse its position on whether "sex" discrimination in Title VII encompasses LGBT discrimination....By: Constangy, Brooks, Smith & Prophete, LLP

Through the miracle of virtual reality. Do you feel awkward when you have to fire an employee? Guilty? Nervous? Gleeful, you sick person?...By: Constangy, Brooks, Smith & Prophete, LLP

On Friday, the National Labor Relations Board issued notice of the first stage of newly proposed representation case regulations, which were published this morning in the Federal Register. The Republican Board majority advanced the proposed...By: Constangy, Brooks, Smith & Prophete, LLP

The EEOC has a new General Counsel. Yesterday, Sharon Fast Gustafson was sworn in as General Counsel of the Equal Employment Opportunity Commission, filling a position that has been vacant since December 2016....By: Constangy, Brooks, Smith & Prophete, LLP

It's easier to lose your job if your replacement is a robot. In an interesting bit of industrial psychology, a study led by the Technical University of Munich (Germany) found that most people (60 percent) would find it easier to lose their jobs to...By: Constangy, Brooks, Smith & Prophete, LLP

No legal authority to issue its Enforcement Guidance! In February 2018, I wrote about a federal court decision that enjoined (prohibited) the Equal Employment Opportunity Commission from taking any action to enforce its 2012 criminal background...By: Constangy, Brooks, Smith & Prophete, LLP

The scope of Dynamex is still unknown. The California Legislature and the U.S. Court of Appeals for the Ninth Circuit continue to hold employers and independent contractors in limbo as they struggle to apply the "ABC Test" for determining whether a...By: Constangy, Brooks, Smith & Prophete, LLP

"New sheriff" gets employer in trouble. Employers who have departments or units that need to be cleaned up should beware of the “new sheriff in town” who can make things worse than they were before. One rogue supervisor can create legal havoc for...By: Constangy, Brooks, Smith & Prophete, LLP