Top Stories

Shining a Light on Blowing the Whistle

In what seemed to be a fairly easy decision for the Justices, the U.S. Supreme Court in Digital Realty Trust Inc. v. Somers ruled on February 20, 2018, that Dodd-Frank's anti-retaliation provisions, including protections for whistleblowers, do not extend to individuals failing to report violations of securities laws to the SEC. More >

What Employers Need to Know About the Austin, TX Paid Sick & Safe Leave Ordinance

In the early hours of February 16, 2018, Austin, Texas, became the first Southern city to pass a paid sick and safe leave law. The final version is slated to go into effect on October 1, 2018, for most employers, although employers with five or fewer employees have a reprieve with an October 1, 2020, effective date. Opponents are already discussing potential preemption legislation, and so it remains to be seen whether the ordinance will go into effect or for how long. More >

If Your Car is the Driver, Who is Liable?

On January 22, a lawsuit was filed in in the U.S. District Court for the Northern District of California in which the plaintiff accused General Motors of negligence stemming from an accident where a vehicle deploying self-driving technology collided with the motorcycle-driving plaintiff. The suit is likely one in many to come to answer a […] More >

Does Your Internship Program Pass the Test?

As employers begin to prepare for spring semester and summer break internships, their first step should be to review the “primary beneficiary test” adopted by the Department of Labor (DOL) on January 7. The test will be used to determine whether new hires are bona fide interns or employees. More >

Top Ten Laws Affecting California Employers in 2018

The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications, leaves of absence, wage-and-hour, discrimination, retaliation, immigration, and workplace notice requirements. Many new laws expand existing requirements to a broader array of employers. Here are the top ten laws requiring immediate attention for employers to comply. More >

Are Your Social Media Recruitment Practices Discriminatory? Employers Facing Age Discrimination Class Actions

Plaintiffs’ lawyers currently are threatening employers that recruit new employees via social platforms—Facebook, LinkedIn, etc.—with age discrimination class action lawsuits. The plaintiffs’ lawyers aggressively demand an immediate response to their letter, production of information related to the online recruitment efforts, and a quick resolution of their alleged claims (i.e., pay a substantial settlement). Class-wide liability, were the claims to be successful, could be substantial, so this issue warrants immediate attention even if you have not yet been threatened with litigation. We have analyzed the possible legal claims and have developed a method to assess an employer’s potential liability. More >