by Whitney Brown, Lehr Middlebrooks Vreeland & Thompson, P.C.
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Cell phones are a quintessential tool in modern society, including within the realm of employment. Many employers use various data networks that allow employees to access and store employer data on their own personal...
As the name shows, a private attorney general action is brought to you in the name of the attorney general, not the individual employee. The attorney general can sue you over the same thing only once, no matter how many...
How serious is it to be one day late? Sometimes, very serious. In a recent case, that one day cost $75,000 because the court allowed no slack to an appeal deadline. A day late, $75,000 short To obtain review of a...
If you think you understand the many technical and evolving rules of arbitration in California, think again. In a recent case, a sophisticated employer thought it could rely upon arbitration provider rules—and prior...
The California Court of Appeal recently held that an employer’s violation of California Labor Code § 432.2—which prohibits employers from requiring applicants and current employees to take polygraph (or similar) tests as...
The U.S. Supreme Court opened its new term facing a challenging docket and a distrustful public. The most watched cases all require the Court to more fully articulate the boundaries, if any, of its precedential ruling in...
On October 7, the Senate confirmed Brittany Panuccio to a term on the Equal Employment Opportunity Commission (EEOC) until July 2029, giving Acting Chair Andrea Lucas a quorum after President Trump fired former Chair...
On July 2, 2025, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) proposed a rule that plans to significantly reshape the regulatory landscape under the Fair Labor Standards Act (FLSA). The proposed...
The recent spate of employee terminations resulting from social media posts after the killing of right-wing influencer Charlie Kirk raises questions about what liability such terminations might have for employers. The...
Without a quorum—and with substantial changes in its priorities—the Equal Employment Opportunity Commission (EEOC) filed only 93 lawsuits in fiscal year (FY) 2025, the lowest number in 10 years and the one of the lowest...
The Equal Employment Opportunity Commission (EEOC) announced on September 30, 2025, that former Office of Federal Contract Compliance Programs (OFCCP) Director Catherine L. Eschbach had been sworn in as Principal Deputy...
As the federal government shutdown loomed on September 30, 2025, the U.S. Department of Labor (DOL) announced its first four opinion letters since it reopened the program in June. The opinion letters issued are: FLSA2025...
As the Senate’s “nuclear option” gradually fills the ranks of executive agencies, their roles remain in doubt. The Trump administration’s aim is unprecedented and singular—to create a unitary executive, with all...
Title VII of the Civil Rights Act of 1964—as amended in 1978 by the Pregnancy Discrimination Act (PDA)—makes it unlawful for an employer to discharge or otherwise discriminate against a woman because she is pregnant. In...
Employers may recall that earlier this year, President Trump signed an Executive Order (EO) limiting the recognition of gender to male and female. Texas Governor Greg Abbott then passed a similar directive shortly after...
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