by Paige Good and Harrison Kosmider, McAfee & Taft
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After a high school teacher engaged in sex with a minor student on campus, the victim sued the principal and superintendent for negligent hiring and supervision. Read on to learn why the student’s lawsuit failed. Facts...
A California Court of Appeal recently ruled that an employee can’t file a new lawsuit under the Private Attorneys General Act of 2004 (PAGA) if the suit arises from the same facts and theories as another pending PAGA...
Many employers conduct a consumer credit report as part of the application process. Consequently, they owe the applicants several duties under the Fair Credit Reporting Act (FCRA), including the requirement of a...
We have previously noted the COVID-19 pandemic will create novel legal questions for employers, most of which are yet to be answered. Although workers’ compensation is generally the exclusive remedy for workplace...
For the last half-century, California courts have struggled with the question of when, if ever, a public employer can change retirement benefit plans for current employees. For many years, urban legend held that under...
After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the...
The Equal Employment Opportunity Commission (EEOC) announced on April 12, 2022, that the 2021 EEO-1 Component 1 data collection portal is open. The deadline for submitting and certifying 2021 EEO-1 Component 1 Reports is...
While everyone in the United States is ready to move on from COVID-19, the litigation against vaccine and mask mandates continues. Federal transportation mask mandate vacated In the latest setback to the Biden...
The U.S. Department of Justice’s (DOJ) Antitrust Department has brought several criminal cases against employers for colluding to suppress wages. The push began under the Trump administration, which filed a lawsuit...
COVID-19 has caused a myriad of legal issues for employers. Employers that had to shut down during the pandemic often laid their employees off with less than the 60 days’ notice required by the Worker Adjustment and...
The nomination of controversial former Wage and Hour Division (WHD) Administrator David Weil to return to his old job has ended in defeat. Weil failed to receive an affirmative vote from the Senate and subsequently...
Judge Ketanji Brown Jackson became the first African-American woman to be seated on the U. S. Supreme Court in a 53-47 confirmation vote by the Senate, with Republican Senators Lisa Murkowski, Mitt Romney, and Susan...
The U.S. District Court for the Central District of California approved and entered the consent decree between Activision Blizzard, Inc., and the Equal Employment Opportunity Commission (EEOC), which includes $18 million...
Surprising victories for unions at the giant Amazon warehouse in New York and at numerous Starbucks outlets throughout the country have given new energy to the union movement. They also have animated the National Labor...
The Office of Federal Contract Compliance Programs (OFCCP) issued a new directive on March 31 that substantially revises how the agency will handle compliance evaluations: DIR 2022-02, Effective Compliance Evaluations...
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