Legal Articles: Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

 







Document(s) published by this organization: 392


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HTMLNew Legislation Promises More Investigations by the New York City Commission on Human Rights
Aaron Warshaw; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
On April 20, 2015, New York City Mayor Bill de Blasio signed two new bills into law that authorize the New York City Commission on Human Rights to increase the number of employment discrimination investigations.

 

HTMLCalifornia Employer Successful in Arbitration Policy Dispute
Serafin Tagarao; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Serafin v. Balco Properties Ltd., LLC, No. A141358 (March 16, 2015): The California Court of Appeal for the First Appellate District recently upheld an arbitration award in favor of an employer despite the employee’s arguments that (1) she never entered into a binding agreement to arbitrate...

 

HTMLCalifornia Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations
Jaclyn A. Simi; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho Bernardo, in a food and beverage manager’s sexual harassment case...

 

HTMLCalifornia Court Finds Arbitration Agreement Did Not Unlawfully Limit Judicial Review
Carmine Joseph Pearl; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Valdez v. Santa Lucia Preserve Co., No. H040685 (March 23, 2015): In an unpublished opinion, the California Court of Appeal for the Sixth Appellate District overturned a trial court’s ruling denying an employer’s motion to compel arbitration. In applying California’s Armendariz...

 

HTMLNew York Court of Appeals Applies Federal Impact Analysis Under State Law
Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate impact, liability under the New York State Human Rights Law (NYSHRL) should...

 

HTMLCalifornia Confectioner Defeats Worker’s Age Discrimination Claim
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Armenta v. Morris National, Inc., No. B255575 (March 27, 2015): Discrimination claims often ensue after a reduction in force (RIF) because laid off employees second-guess management’s selection process. However, as seen in a recent unpublished California Court of Appeal decision, a systematic...

 

HTMLDOL “Springs” Its Part 541 Proposal for Review
Alfred B. Robinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 5, 2015
On Tuesday, May 5, 2015, the U.S. Department of Labor (DOL) announced that it had sent its draft proposed part 541 overtime regulations to the Office of the Information and Regulatory Affairs (OIRA) at the Office of Management and Budget for review. President Obama signed a presidential memorandum...

 

HTMLNew York City Passes Bill Prohibiting Employers From Requesting or Using Credit History in Employment Decisions
Evan B. Citron; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on April 30, 2015
On April 16, 2015, the New York City Council passed a bill to amend the New York City Human Rights Law (NYCHRL) to prohibit employers from requesting or using an individual’s credit history in making employment decisions. The bill (Intro. No. 261-A, 2014) would make it an unlawful...

 

HTMLNinth Circuit Overturns Summary Judgment Issued in Favor of Employer in Retaliation Case
Jill V. Cartwright; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 4, 2015
Lukov v. Schindler Elevator Corp., No. 12-17695 (February 24, 2015): In an unpublished decision, the Ninth Circuit recently overturned summary judgment granted to an employer on the plaintiff’s retaliation claims. William Lukov worked as an elevator mechanic for Schindler Elevator...

 

HTMLWhen is a Background Search not a Background Search?
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
May 13, 2015, previously published on May 5, 2015
The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that LinkedIn’s search technology does not make that site a...

 


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