Insights

An individual is considered to be “disabled,” and therefore protected under the Americans With Disabilities Act (the “ADA”), if he or she suffers from a physical or mental impairment that substantially...

On September 30, 2004, Governor Schwarzenegger signed into law AB1825, which amends California’s Fair Employment and Housing Act (“FEHA”) by requiring employers with 50 or more employees to provide two hours...

A recent decision of the U.S. Court of Appeals for the Second Circuit in New York highlights a disagreement among the federal appeals courts over whether plaintiffs may sue on a disparate impact theory under the Age...

KM&M attorneys have been warning our California clients since the beginning of the year about the Labor Code Private Attorneys General Act of 2004, codified at Labor Code section 2699. This legislation created hefty new...

On June 14, 2004, the U. S. Supreme Court resolved a disagreement among the lower federal courts and ruled that a constructive discharge resulting from harassment by a supervisor does not constitute a “tangible...

On May 26, 2004, the Department of Labor (DOL) issued new regulations regarding notice requirements for health care continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). The rules...

On May 5, 2004, the New York City Council passed a bill which, if it becomes law, will require certain city contractors to provide domestic partner benefit coverage to their employees. The Equal Benefits Bill applies to all...

For the third time in the last 23 years, the National Labor Relations Board (the “NLRB”) has changed its position on whether non-unionized employees are entitled to so-called “Weingarten” rights...

A recent unpublished opinion of the California Court of Appeal presents a textbook example of how not to draft an arbitration provision in an employment agreement. In United Revenue Service, Inc. v. Prall, 4th Dist. No....

On April 6, 2004, the United States Court of Appeals for the Second Circuit in New York affirmed summary judgment in favor of Costco Wholesale Corporation (“Costco”), dismissing the claims of a bakery worker,...