Legal News

The U.S. Court of Appeals for the Ninth Circuit ruled that McDonald’s is not a joint employer with a franchisee under the definitions found in California Wage Order 5-2001, as it did not have direct control over the store employees or “suffer or...By: Manatt, Phelps & Phillips, LLP

Employers cannot shorten the time period in which employees can file a Title VII claim by contract, the U.S. Court of Appeals for the Sixth Circuit has ruled....By: Manatt, Phelps & Phillips, LLP

California Governor Gavin Newsom has signed legislation that prohibits “no rehire” clauses in settlement agreements effective January 1, 2020. The new law will change a standard practice in California of including blanket provisions in employment...By: Manatt, Phelps & Phillips, LLP

On October 10, 2019, Gov. Gavin Newsom signed into law Assembly Bill 51. While styled as a bill pertaining to enforcement of employment discrimination under the Fair Employment and Housing Act (FEHA), the bill sweeps far more broadly. Specifically,...By: Manatt, Phelps & Phillips, LLP

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act, the Supreme Court has...By: Manatt, Phelps & Phillips, LLP

On March 7, 2019, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (“Proposed Rule”) which sought to increase the minimum salary thresholds for the Fair Labor Standards Act’s “white collar” and “highly compensated” overtime...By: Manatt, Phelps & Phillips, LLP

Rejecting the motivating factor causation standard, the U.S. Court of Appeals for the Ninth Circuit declared that the “but-for” standard of causation applies to Americans with Disabilities Act (ADA) discrimination claims....By: Manatt, Phelps & Phillips, LLP

The top three stories in National Labor Relations Board (NLRB) news in recent weeks include (1) a decision holding that the misclassification of workers does not constitute an independent violation of the National Labor Relations Act (NLRA), (2) a...By: Manatt, Phelps & Phillips, LLP

In a welcome surprise for employers, on September 12, 2019, the California Supreme Court resolved the significant issue of whether unpaid wages constitute a civil penalty recoverable in Private Attorneys General Act (PAGA) claims premised on...By: Manatt, Phelps & Phillips, LLP

California employers set to comply with the new sexual harassment training requirements arising out of last year’s Senate Bill 1343 got a recent reprieve with new legislation that provides a partial one-year extension....By: Manatt, Phelps & Phillips, LLP