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On June 27, 2018, the U.S. District Court for the Central District of California granted Snap Inc.’s motion to compel arbitration of a Dodd-Frank whistleblower retaliation claim.  Pompliano v. Snap Inc., No. 17-cv-3664 (2018 WL 3198454). Background.   Plaintiff signed an employment agreement (the “Agreement”) with Snap Inc. (the “Company”) without consulting an attorney.  Fired just “three tension-filled weeks” after starting, he sued under Dodd-Frank’s whistleblower provisions, claiming retaliation for allegedly opposing the use of faulty growth…
A California federal court—in Erhart v. BofI Holding, Inc., 2017 U.S. Dist. LEXIS 14755, Case No. 15-cv-02287 (S.D. Cal. Sept. 11, 2017)—recently denied BofI Federal Bank’s (“BofI’s”) motion to dismiss the Sarbanes-Oxley whistleblower claims plead in their former internal auditor Charles Erhart’s amended complaint. The court also denied BofI’s motion as to Erhart’s defamation claim, allowing it to proceed, but dismissed Erhart’s claims for (i) violation of the Confidentiality of Medical Information Act (“CMIA”); (ii)…
As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017, and California employers will be required to give written notice of workplace rights that must be provided to victims of domestic violence, sexual assault, and stalking. The Labor Commissioner has just posted a form that employers may elect to use to comply with these provisions. Employers should ensure that they give new hires…
India’s Parliament has officially passed an increase to maternity leave in India.  The new law entitles most mothers to 26 weeks of paid leave. We last reported that India’s Upper House of Parliament approved the increase in August, 2016.  However, India’s lower house held off approving the legislation until last week.  The new law provides mothers with the following protections: Leave may start up to eight weeks before the expected delivery date. The introduction…
California’s Fair Employment and Housing Council (“FEHC”) has finalized new regulations further limiting employers’ ability to consider criminal history when making employment decisions. The new FEHC regulations, which are scheduled to take effect on July 1, 2017, largely follow the EEOC’s 2012 Enforcement Guidance. In addition to the new FEHC regulations and existing California law, which already limits employers’ use of criminal records when making employment decisions, municipal “Ban the Box” ordinances further restrict…
As we reported here in December, the City of Los Angeles Fair Chance Initiative for Hiring Ordinance is now effective. The new law, also referred to as the “Ban the Box “ ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made. This week, the City of Los Angeles released Rules and Regulations to implement the ordinance. Highlights from…
On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job applicants about criminal convictions until after a conditional offer of employment has been made. Although some exceptions apply in fields such as law enforcement and child care, the ordinance will affect all city contractors and private…
On the heels of North Carolina’s controversial legislation, which requires that people use the public restroom that corresponds to their biological gender rather than the gender with which they identify, California has gone in a different direction. On September 29, 2016, California Gov. Jerry Brown signed A.B. 1732, which requires all single-user restroom facilities in any business establishment, place of public accommodation, or government agency to be identified as “all gender” facilities rather than…
After nearly four years of negotiation and wrangling, European Officials announced yesterday that they had finally reached agreement on the language for the EU’s new General Data Protection Regulation (“Regulation), which will replace the aging 1995 Data Protection Directive (“Directive”). In many ways, the announcement is welcome news as it will harmonize what had become a patchwork of laws within the EU, because member states were free to enact their own data protection laws that…