By signing Senate Bill (SB) 292 into law, California Governor Jerry Brown memorialized the seemingly non-controversial proposition that sexual harassment plaintiffs suing under the Fair Employment and Housing Act (FEHA)…

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As an employment law attorney, I regularly advise employers on personnel issues, including the conduct of internal investigations into employee complaints.  Colleagues at my firm have a similar practice.  We…

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Category: Investigations,

Would you believe that 1.1 billion people use Facebook and one-third of Americans use social media for at least an hour a work.  Considering how prevalent social media is, you…

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Category: Social Media,

Paula Deen, a celebrity chef known for her extreme Southern cooking and excesses, has been embroiled in scandal for the last several months, bringing together an odd mix of legal…

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Category: EEO,

In the salacious realm of sex discrimination law, the Iowa Supreme Court recently rendered an opinion that just might contend for the best blog fodder of 2013. Whether the decision in Nelson…

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For the first time since January 2012, the National Labor Relations Board (NLRB) unquestionably has a quorum to issue rulings.  This comes on the heels of the U.S. Senate’s votes…

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According to the National Labor Relations Board, employers are free to have policies limiting e-mail usage for business purposes only.  They are just not free to enforce it. At a…

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Confidentiality is the hallmark to any meaningful attempt to investigate workplace misconduct.  Not only for the alleged victim of harassment or discrimination, but for the alleged perpetrator too.  Apparently, the…

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Category: Investigations, NLRB,

That bastion of unpredictable decisions, the Ninth Circuit Court of Appeals, followed a somewhat predictable path and recently held that the Federal Arbitration Act preempted a state law that disfavored…

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Category: Arbitration,

Just one day after the National Labor Relations Board (NLRB) got some good news, the Fourth Circuit Court of Appeals delivered some bad news in NLRB v. Enterprise Leasing Company…

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Category: NLRB,