On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, holding that Harvard College and the University of North Carolina (UNC)’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment. While the decision does not directly impact private employers’ diversity, equity
Employers who play music in the workplace – or allow employees to play music in the workplace – beware. The Ninth Circuit Court of Appeals recently held that the content of music played in the workplace could give rise to liability for hostile work environment sexual harassment under Title VII of the Civil Rights Act.
On Feb. 15, 2023, the Ninth Circuit in Chamber of Commerce v. Bonta issued its ruling on the ongoing question of Assembly Bill (AB) 51’s enforceability in relation to arbitration agreements, where the court once again affirmed that the Federal Arbitration Act (FAA) preempts AB 51.
California has attempted to legislate
Proposition 22 continues its journey through the California courts. As background, in 2018 the California Supreme Court adopted a new test to determine whether a worker was an employee or independent contractor in its Dynamex holding. Under the test, a worker is determined to be an employee unless: (a) the worker is free from the
Employers seeking to challenge California’s stringent independent contractor misclassification laws may have found an opening. On March 17, the Ninth Circuit Court of Appeals concluded that plaintiffs could proceed in their lawsuit on claims that California’s Assembly Bill 5, as amended (A.B. 5), violates the Equal Protection Clause. See Olson v. California, No. 21-55757
We are proud to present Greenberg Traurig’s Trade Secrets 2022 Year in Review, a high-level overview of some of 2022’s most significant trade secret decisions in the United States. 2022 was another active year in trade secret litigation, and the decisions summarized here touch on the most important issues in trade secret litigation.
On Sept. 22, Greenberg Traurig attorneys will discuss the latest developments emanating from the Supreme Court’s June 2022 decision in Dobbs v. Jackson and what lies ahead. This will be a two-part webinar series.
Following Dobbs, many U.S. employers are navigating new state laws and considering a host of new legal issues as they
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may find ERISA class action lawsuits increasingly vulnerable to motions to dismiss unless they allege context specific defects in the processes followed by defined contribution plan
The California Court of Appeal ruled in Seviour-Iloff v. LaPaille1 that employees could pursue Labor Code-based claims against executives of their employer, personally. The court found that Labor Code section 558.1 provides a private right of action for employees to pursue claims against their employer or “a person acting on behalf of an employer”
On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al, No. 21-1683, affirming a decision from the Eastern District of Pennsylvania that refused to allow two opt-in plaintiffs to join a putative collective action