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HTMLA Bird’s Eye View of the DFEH: An Interview with Patti Perez (Part 2)
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
In part one of our interview with Patti Perez, Esq., SPHR, president and CEO of Puente Consulting, and member of the DFEH’s Fair Employment and Housing Council, Perez shared insights on her role as a DFEH councilmember and discussed proposed changes to the California Family Rights Act (CFRA)....

 

HTMLCalifornia Supreme Court: Holding Franchisor Liable as Employer Depends on Level of Control Over Day-to-Day Employment Decisions
Ameneh K. Ernst; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
Patterson v. Domino’s Pizza, LLC, No. S204543 (August 28, 2014): On August 28, 2014, the California Supreme Court issued a decision holding that a franchisor that did not exhibit the characteristics of an “employer” was not vicariously liable for the wrongful conduct that one...

 

HTMLResistance WAS Futile—California Conforms to ACA Waiting Period Requirement
Timothy G. Verrall; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 29, 2014, previously published on August 20, 2014
After wandering in the wilderness for a year, California has now come in from the cold and conformed its requirements for eligibility waiting periods to the federal standard adopted in the Affordable Care Act (ACA). Effective January 1, 2015, SB 1034 imposes a 90-day limit on eligibility waiting...

 

HTMLOFCCP’s Newest Directive: Gender Identity and Sex Discrimination
Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 29, 2014, previously published on August 25, 2014
The stated purpose of the Office of Federal Contract Compliance Programs’ (OFCCP) August 19, 2014 Directive 2014-02 is to make clear that discrimination “based on sex” includes discrimination on the bases of gender identity and transgender status. Executive Order 13672, issued on...

 

HTMLEmployer Required to Reimburse Employees for Personal Cell Phone Use Despite Unlimited Minutes Plans
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 29, 2014, previously published on August 20, 2014
Cell phones are ubiquitous. At some companies, employees use their personal phones to make business calls. Does an employer need to “pay” for that use of the phone, even if the employee did not incur any extra expenses for doing so? Yes, according to an appellate court in a recent...

 

HTMLState Court Lawsuit Removable if Plaintiff-Employee’s Pleadings “Fully Incorporate” EEOC Charge
Robert E. Bettac; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 29, 2014, previously published on August 26, 2014
“You have been sued.” Upon reading these first few words of a state court citation, most Texas employers—indeed, most employers—make it their first order of business to remove the case to federal court if at all possible. Defense attorneys cite various advantages to be...

 

HTMLLet’s Shake On It: Texas Case Exemplifies the Perils of Adopting a Company-Wide Practice of Oral Agreements
Tiffany L. Cox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
An opinion out of the Fourteenth Court of Appeals demonstrates why employers need to be weary of developing a practice of oral agreements in regards to compensation upon which at-will employees may detrimentally rely. The court affirmed a judgment in excess of $1.1 million in favor of a former...

 

HTMLDomestic Violence Leave Now Mandated in Massachusetts
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
On August 8, 2014, Massachusetts Governor Deval Patrick signed sweeping new legislation in the area of domestic violence—M.G.L. c. 260 entitled “An Act relative to domestic violence.” The new law is effective immediately and impacts not only the criminal justice system, but public...

 

HTMLTexas Supreme Court Establishes That an At-Will Employee Does Not Have a Viable Fraud Claim Based on Continued Employment
Adam D. Boland; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 19, 2014
The Texas Supreme Court recently issued a much-anticipated opinion regarding fraud claims in the employment at will context. In Sawyer v. E.I. du Pont de Nemours & Co., 430 S.W.3d 396 (Tex. 2014), the Fifth Circuit Court of Appeals had certified two questions to the Texas Supreme Court...

 

HTMLBack to School! Employers: Are You Ready for School-Related Leave for Parents?
Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
The lazy days of summer are behind us this month as many children head back to school. Employers of parents with school-aged children should review California’s laws, which provide certain rights to employees to take time off from work to deal with school-related issues.

 


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