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Two years ago, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. Harvard, 600 U.S. 181 (2023). Ostensibly, the decision was about collegiate admissions practices. It considered the Fourteenth Amendment’s Equal Protection Clause and Title VI of the Civil Rights Act of 1964—looking specifically at Harvard and UNC’s affirmative-action programs in admissions. The…
In recent decades, significant due-process rights have expanded to protect physicians from certain non-governmental actions. This expansion has added complexity to issues involving medical-staff membership. Now, insurance companies and medical staffs in hospitals and large practices must provide several legal protections—including a quasi-judicial hearing—before disciplining members. These allow physicians to know the reason for any…
Today, we’re highlighting three recent cases that address an essential aspect of arbitration proceedings: the timely payment of the arbitrator’s fees. These cases are a cautionary tale, because failing to pay on time can result in severe consequences, including losing your right to arbitrate at all. Paying versus Mailing Doe v. Superior Court (2023) 95…
The California Court of Appeal recently issued a ruling in Kader v. Southern California Medical Center, Inc. that clarified the scope of arbitration agreements addressing sexual-harassment claims. First, let’s review the dates—because the timing matters in this new case and for employers with arbitration agreements. The employee, Kader, and the employer, Southern California Medical Center, Inc., initially…
Most of our updates focus on substantive changes to the law impacting employers and those in healthcare. This update is for you, too, but it looks at a new procedural change should you be in litigation. In the next few days, we anticipate seeing our first wave of “initial disclosures” now required in most new…
This is just a friendly reminder to ensure you were aware of the February 14, 2024, deadline regarding non-compete notices. As we outline in our prior newsletter, California Assembly Bill 1076 requires employers to provide notices to current and former employees (hired after January 1, 2022) if their contracts contain non-compete clauses or if the…
With e-signatures becoming ubiquitous for employers, we want to alert employers using electronic on-boarding processes about a recent Federal district court case in California: Zamudio v. Aerotek, Inc.. Employee Denies She Signed Arbitration Agreement A staffing agency, Aerotek, placed Zamudio with Caterpillar, Inc. in California. In 2019, Zamudio signed the onboarding documents through an electronic…
On July 1, a new California law changed the Medical Board of California’s guidelines for posting physicians and surgeons’ disciplinary information to the public. Last August, Governor Jerry Brown signed Assembly Bill 1886, which requires the Board to post the most serious disciplinary information, including enforcement actions, disciplinary actions, civil judgments, arbitration awards, and certain…
On July 15, the United States Department of Labor (DOL) issued guidance aimed at curbing the misclassification of employees as independent contractors, saying that most workers qualify as employees under the Fair Labor Standards Act (FLSA) and stressing the statute’s expansive definition of employment. In the DOL’s first “administrator’s interpretation” of 2015, Wage and Hour…
On June 18, an Orange County jury ruled against internet marketing company eGumball for unlawfully firing and discriminating against their own HR Manager upon her return from maternity leave. The company will pay the plaintiff, Kimberly Perry, more than $538,000 in damages. In February 2013, Perry told her boss, John Bauer, that she was pregnant. …
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