Title VII, the federal standard for workplace discrimination cases, prohibits discrimination against individuals with respect to their “compensation, terms, conditions, or privileges of employment,” based on the individual’s...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
On January 10, 2024, the U.S. Department of Labor (“DOL”) published a final rule that imposes a new, six-factor test (see below) for determining whether workers are “independent contractors.” The final rule takes effect on...more
SEC Enhancement of Share Repurchase Disclosure Requirements -
On May 3, 2023, the Securities and Exchange Commission (the “SEC”) announced its adoption of amendments to the provisions of Item 703 of Regulation S-K (“Item...more
7/7/2023
/ 10b5-1 Plans ,
Disclosure Requirements ,
Diversity ,
Equal Protection ,
Fair Market Value ,
Form 10-K ,
Form 10-Q ,
Inflation Reduction Act (IRA) ,
Investors ,
Nasdaq ,
New Amendments ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Stock Repurchases
Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more
6/28/2023
/ Appeals ,
Board of Directors ,
Business Litigation ,
California ,
Corporate Governance ,
Diversity ,
Equal Protection ,
Fourteenth Amendment ,
Investors ,
Nasdaq ,
Publicly-Traded Companies ,
Quotas ,
Securities and Exchange Commission (SEC) ,
State Constitutions
In a ruling on April 1, 2022, a Superior Court in the County of Los Angeles invalidated Assembly Bill 979 (“AB 979”), a California bill requiring increased diversity on public company boards, which was signed into law by...more
On August 6, 2021, the Securities and Exchange Commission (“SEC”) adopted the Nasdaq Stock Market LLC’s (“Nasdaq”) proposed board diversity rule. The rule is intended to encourage greater board diversity by requiring board...more
9/8/2021
/ Board of Directors ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
LGBTQ ,
Minorities ,
Nasdaq ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Woman Board Members
“Major American businesses have made clear that the skills needed in today’s increasingly global marketplace can only be developed through exposure to widely diverse people, cultures, ideas, and viewpoints.” Grutter v....more
Movie stars, musicians and athletes are popping up everywhere urging Americans to vote. Your employees are getting the message. So, what happens if an employee asks to take time off of work to vote? Do you have to grant the...more
The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if...more
As a result of the COVID-19 pandemic, most businesses were faced with making difficult decisions regarding their workforce. The U.S. Bureau of Labor Statistics reported that, in April, the unemployment rate rose to 14.7...more
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19...more
On March 18, President Donald Trump signed the Families First Coronavirus Response Act (“FFCRA” or the “Act”), taking a major step to provide paid leave to workers affected by COVID-19 and blunt the effects of the virus on...more
Early on March 14, 2020, the U.S. House of Representatives passed House Bill 6201, titled the “Families First Coronavirus Response Act.” The bill, or some version of the House's package, may be voted on by the U.S. Senate...more
With the start of the new year, California’s new law prohibiting hair discrimination has taken effect. Although California was the first state to prohibit discrimination on the basis of hair, similar legislation is appearing...more
On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more
Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law.
...more
Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under...more
As of last month, the hashtag “#MeToo” was tweeted more than 8.1 million times. Not surprisingly, what has now evolved into the #MeToo movement has drawn the attention of legislators, courts, and the Equal Employment...more
10/18/2018
/ #MeToo ,
Anti-Harassment Policies ,
Corporate Culture ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Risk Management ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws