California’s law against arbitration remains in doubt after Eastern District Judge Kimberly Mueller extended the TRO issued on December 31, prohibiting the state of California from enforcing the law against agreements covered by the Federal Arbitration Act.  That law, known as AB 51, seeks to prohibit companies in California from requiring arbitration agreements as a condition of employment.
Continue Reading California Court Extends TRO Against Arbitration Law

Earlier today, District Judge Kimberly J. Mueller of the United States District Court for the Eastern District of California, granted a temporary restraining order that temporarily prohibits the state of California from enforcing AB 51, a law that would prohibit companies in California from requiring arbitration agreements as a condition of employment.  
Continue Reading California Court Temporarily Enjoins Enforcement Of Law Prohibiting Arbitration Agreements As A Condition of Employment

The Ninth Circuit Court of Appeals upheld a District Court’s ruling in favor of employer Medtronic, Inc. in a lawsuit alleging Medtronic unlawfully terminated employee Jose Valtierra’s employment because he was morbidly obese, in violation of the Americans with Disabilities Act.  In doing so, the Court declined to decide whether morbid obesity is a disability, leaving this issue unsettled in the Ninth Circuit.
Continue Reading Ninth Circuit Skirts Issue of Whether Obesity is a Qualifying Disability Under the ADA

In recent years, federal and state law enforcement authorities have subjected “no-poach” agreements to increased scrutiny. Recent enforcement actions demonstrate the risk of criminal penalties and civil damages for using such agreements. In this video, Hunton Andrews Kurth partners Emily Burkhardt Vicente and Torsten Kracht discuss recent developments concerning the use of “no-poach” agreements, and

States and localities have recently enacted legislation focused on employers’ dress and grooming policies. In this video, Hunton Andrews Kurth partners Emily Burkhardt Vicente and Amber M. Rogers discuss recent developments in this area, including New York City’s recent guidance on work rules regarding hairstyles, and tips for employers as they navigate this evolving area of law. 
Continue Reading Labor and Employment Quick Takes: Tips for Employers on Dress and Grooming Policies

How employment-related visas are being processed in the US has changed significantly since the start of the Trump Administration. In this video, Hunton Andrews Kurth partners Ian Band and Emily Burkhardt Vicente discuss “2019 Challenges for Employers to US Visa Sponsorship.”
Continue Reading Labor & Employment Quick Takes: 2019 Challenges for Employers to US Visa Sponsorship

California employment laws are constantly evolving, making it a challenge for companies doing business in the Golden State to keep up with recent developments and remain compliant. View this complimentary video discussing five recent developments in California employment law you may have missed.
Continue Reading 5 Recent Developments in California Employment Law

In a recent decision, the California Supreme Court refused to overturn an arbitrator’s award, despite finding the award was incorrect.  Specifically, the Court held that an arbitrator should have considered evidence of a rejected section 998 settlement offer and changed its cost award, even after issuing a final arbitration decision.  However, the Supreme Court determined a trial court does not have authority to correct this error. The ruling emphasized the broad scope of an arbitrator’s powers and narrow scope of judicial review when the parties choose arbitration. 
Continue Reading CA Supreme Court: Arbitrator’s Error Cannot Be Reviewed By Court