News from Liebert Cassidy Whitmore

U.S. Supreme Court OKs "Strategic" Settlement Offers in FLSA Cases

Thu, 02 May 2013 12:00 AM PST

In Genesis Healthcare Corp. v. Symczyk, just decided on April 16, 2013, the U.S. Supreme Court held that, in a Fair Labor Standards Act ("FLSA") case, an early settlement offer to an employee which moots his or her individual FLSA claim will pr...

Employee Usage of Smartphones After Hours – Are Employers Liable for Overtime?

Thu, 02 May 2013 12:00 AM PST

Emerging technologies and increased demand for worker productivity during lean economic times have changed the way Americans work. Today, employees routinely check their smartphones at all hours for emails, text messa...

A Defining Case on Union-Related Free Speech

Wed, 24 Apr 2013 12:00 AM PST

The U.S. Court of Appeals for the Ninth Circuit has just issued a decision that expansively describes public employee protected free speech in the context of labor-management relations. On March 22, 2013, in

Many employers have chosen to implement "auto-deduct" policies, which automatically deduct a set amount of time each day or shift for an employee's meal break. While the Department of Labor has stated that automatic deductions are lawful under t...

The 2013 LCW FLSA Guide Is Now Available!

Fri, 05 Apr 2013 12:00 AM PST

We are pleased to inform you that our Fair Labor Standards Act: A Public Sector Compliance Guide has been updated and is now available for purchase. Exhaustively researched and updated, it will provide you with the information you need to...

Can an Employer Change its Workweek to Limit its Overtime Obligations? California Court May be Out of Step

Wed, 03 Apr 2013 12:00 AM PST

A California Court of Appeal decision recently went against existing authority interpreting the FLSA and found an employer's change to employees' FLSA workweeks with the purpose of limiting the employer's overtime obligations to "evade" the over...

Do Your Employees Know Big Brother May Be Watching?

Tue, 26 Mar 2013 12:00 AM PST

Harvard University recently had some explaining to do. Last fall, the University conducted an investigation into the source information leaked to the media about students at the Ivy League school who had cheated. The investigation included...

How Much Flexibility Does A Public Employer Have With Compensatory Time Policies?

Wed, 20 Mar 2013 12:00 AM PST

Many employers enter into agreements with employee associations giving employees the right to earn compensatory time off (CTO) in lieu of cash for overtime. However, if an employer provides CTO, must employers allow its employees to ...

David Urban Quoted In A Daily Journal Article On Police Officer Speech

Wed, 20 Mar 2013 12:00 AM PST

Of Counsel, David Urban, was quoted in a March 20, 2013 Daily Journal article, "9th Circuit set to consider police officer speech."

David A. Urban, an attorney at Liebert Cassi...

Are the NLRB's 2012 Decisions Void?

Fri, 15 Mar 2013 12:00 AM PST

A decision from the U.S. Court of Appeals in the District of Columbia recently cast into doubt the validity of all National Labor Relations Board ("NLRB") decisions in the year 2012 by holding that three of the current Board members were invalidly app...

Five LCW Attorneys Have Been Selected to the Southern California Super Lawyers

Tue, 05 Mar 2013 12:00 AM PST

Five of Liebert Cassidy Whitmore partners have been selected to the Southern California Super Lawyers 2013 Edition®. Los Angeles partners Peter Brown, Mary Dowell,

Californians will remember the special election called by former Governor Schwarzenegger in 2005 on eight ballot propositions he endorsed. The initiative measures covered diverse issues including teacher tenure, abortions, government finance and...

New Fair Employment and Housing Commission Regulations Impact Pregnant Employees

Fri, 01 Mar 2013 12:00 AM PST

New Fair Employment and Housing Commission regulations took effect December 30, 2012 and deal with disability discrimination. This blog post will focus on the impact of the new regulations on issues related to pregnancy and the treatment of preg...

Court of Appeal Rules: Absent Undue Hardship, Employers Must Accommodate Pregnancy Disabled Employees By Providing Additional Leave beyond the Four Months of Pregnancy Disability Leave

Wed, 27 Feb 2013 12:00 AM PST

The Court of Appeal's decision in Sanchez v. Swissport, Inc., is a case of widespread importance, impacting the rights of employees disabled by pregnancy and pregnancy related-conditions. In this case, the Court co...

To Pay or Not to Pay: Legality of Unpaid Internships Is Questioned

Wed, 20 Feb 2013 12:00 AM PST

Employers have for years utilized unpaid internship programs to give students and recent college graduates a chance to gain work experience. However, since the recession began in 2008, a growing number of unpaid interns have accused their employers of exploiting them.

There a...

Can an Early Settlement Offer Moot an FLSA Case?

Mon, 11 Feb 2013 12:00 AM PST

The U.S. Supreme Court will soon issue a decision on whether an employer's offer to an employee of the full amount of claimed overtime pay moots that employee's Fair Labor Standards Act ("FLSA") case, and stops any larger scale collective action that employees and their attorneys might bring.
...

California Supreme Court Holds That Employee Must Prove That Adverse Employment Action Was "Substantially Motivated" by Discrimination, and Liability is Limited Where Employer Proves It Would Have Taken the Same Action Against the Employee Anyway

Thu, 07 Feb 2013 12:00 AM PST

Harris v. City of Santa Monica has been pending before the California Supreme Court since 2011. On December 4, 2012, the Supreme Court held oral arguments, and issued its long-awaited opinion on February 7, 2013. &...

Alison Neufeld Quoted In A Sacramento Bee Article On California Pension Reform

Tue, 29 Jan 2013 12:00 AM PST

Partner, Alison Neufeld, was quoted in a January 29, 2013 Sacramento Bee article, "Bill would exempt thousands of California public employees from pension overhaul."

Blocking federal mas...

Date For Employers To Provide Notice of Exchange To Employees Under Affordable Care Act Has Been Delayed

Thu, 24 Jan 2013 12:00 AM PST
The Affordable Care Act requires an applicable employer to provide all employees with written notice of the exchange. On January 24, 2013, the Department of Labor (DOL) issued an update of Frequently Asked Questions stating that the March 1, 2013 deadline for employers to provide notice of the...

News from Liebert Cassidy Whitmore

U.S. Supreme Court OKs "Strategic" Settlement Offers in FLSA Cases

Employee Usage of Smartphones After Hours – Are Employers Liable for Overtime?

A Defining Case on Union-Related Free Speech

The 2013 LCW FLSA Guide Is Now Available!

Can an Employer Change its Workweek to Limit its Overtime Obligations? California Court May be Out of Step

Do Your Employees Know Big Brother May Be Watching?

How Much Flexibility Does A Public Employer Have With Compensatory Time Policies?

David Urban Quoted In A Daily Journal Article On Police Officer Speech

Are the NLRB's 2012 Decisions Void?

Five LCW Attorneys Have Been Selected to the Southern California Super Lawyers

New Fair Employment and Housing Commission Regulations Impact Pregnant Employees

Court of Appeal Rules: Absent Undue Hardship, Employers Must Accommodate Pregnancy Disabled Employees By Providing Additional Leave beyond the Four Months of Pregnancy Disability Leave

To Pay or Not to Pay: Legality of Unpaid Internships Is Questioned

Can an Early Settlement Offer Moot an FLSA Case?

California Supreme Court Holds That Employee Must Prove That Adverse Employment Action Was "Substantially Motivated" by Discrimination, and Liability is Limited Where Employer Proves It Would Have Taken the Same Action Against the Employee Anyway

Alison Neufeld Quoted In A Sacramento Bee Article On California Pension Reform

Date For Employers To Provide Notice of Exchange To Employees Under Affordable Care Act Has Been Delayed