Hot Topics In
U.S. Employment Law
Sarah K. Goldstein
Director of Employment Practices,
Los Angeles Office
sgoldstein@kdvlaw.com
Telephone: 310.775.6522
11755 Wilshire Boulevard, Suite 2400
Los Angeles, California 90025
www.KDVLAW.com
Telephone: 310.775.6511
Fax: 310.575.9720
Long Island | New York City | New Jersey | Pennsylvania | San Francisco | Los Angeles | Florida
Presentation Roadmap
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Harassment/Discrimination
Protected Categories
Wage & Hour
Employment Practices Liability Insurance
Best Practices
www.KDVLAW.com
Title VII – Discrimination &
Harassment
 Discrimination: It is unlawful for an employer to fail or refuse to
hire or discharge any individual, or otherwise to discriminate
against any individual with respect to his compensation, terms,
conditions, or privileges of employment, because of such
individual’s race, color, religion, sex, or national origin.
 Harassment: Harassment is an act committed by a person that
makes another feel uncomfortable, offended, intimidated or
oppressed. In order for it to be workplace harassment, it should
happen in an environment like an office, a store, a school, a factory
or any place where people are employed and conduct work.
Harassment is a form of discrimination
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Protected Categories
Under Federal Law
 Title VII prohibits discrimination on account of:
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Race
National Origin
Sex
Religion
Color
 An employer can fire an employee for a good reason,
a bad reason or no reason at all. As long as it‘s not for an
illegal reason.
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Title VII
 What Discriminatory Practices Are Prohibited?
– hiring and firing, compensation, assignment, or classification of
employees
– transfer, promotion, layoff, or recall
– job advertisements
– recruitment; testing; use of company facilities
– training and apprenticeship programs
– fringe benefits
– pay, retirement plans, and disability leave
– other terms and conditions of employment
 Case Examples
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Sexual Harassment
 Quid Pro Quo vs. Hostile Work Environment
 Case Examples
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ADEA – Age Discrimination
 Age Discrimination in
Employment Act
 Protects individuals who
are 40 years of age or
older from employment
discrimination based on
age
 Older Workers Benefit
Protection Act
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ADA – Disability Discrimination
 Americans with Disabilities Act
 Disability Discrimination
– When an employer treats a qualified individual
with a disability who is an employee or applicant
unfavorably because she has a disability.
 Reasonable Accommodation
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Equal Pay Act
 Requires that men and women in the same
workplace be given equal pay for equal work
 Jobs need not be identical, but they must be
substantially equal
 Covers all forms of payment
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GINA
 Genetic Information
Nondiscrimination Act
 Protects employees against
discrimination based on their
genetic information when it
comes to health insurance and
employment
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USERRA
 Uniformed Services Employment and Reemployment
Rights Act
 Returning service-members must be promptly reemployed in
the same position that they would have attained had they not
been absent for military service
 Same seniority, status and pay, as well as other rights and
benefits determined by seniority
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Additional Protected Categories
By State
 California:
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Sexual Orientation
Physical or Mental Disability (including HIV/AIDS)
Marital Status
Refusal of Family Care Leave
Age
Ancestry
Religious Creed – Includes Dress and Grooming
Practices
– Genetic Information
– National Origin (Includes Language Use
Restrictions)
– Gender (Includes Gender Identity and Gender
Expression)
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Whistleblower / Retaliation
 Occupational Safety & Health Administration (OSHA)
Whistleblower Protection Program
– Protects employees who report violations of various workplace safety,
financial reform, food safety, health insurance reform, securities laws, etc.
 Retaliation
– Blacklisting, demoting, denying overtime or promotion, disciplining, denial of
benefits, failure to hire or rehire, reducing pay or hours, intimidation, etc.
www.KDVLAW.com
Wage and Hour
 Wage and hour law is regulated by both the federal Fair Labor
Standards Act (FLSA) and a variety of divergent state laws.
– Overtime, Rest Periods, Meal Periods and Payment of Commissions
– Plaintiffs brought 7,764 suits between April 1, 2012, and March 31,
2013, about a 10 percent jump since 2012. Up for a 5th straight year.
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Wage and Hour
 Top three groups of employees most likely to
bring a wage claim:
– Salaried employees who believe they are owed
overtime pay;
– Hourly workers who contend they weren’t paid for
all hours worked;
– Restaurant workers who claim they are owed
additional pay under the FLSA’s “tip credit”
provision.
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Insurance Coverage
 Coverage decisions made by insurer
 Attorney’s duties and obligations run to the
insured, NOT the insurance company.
 Generally, no indemnity dollars for wage &
hour
 Intentional acts not covered – i.e., sexual
battery
 Punitive damages not covered
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Workplace Investigations
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Immediate good faith prompt investigation
Start with complainant, witnesses
Be on the lookout for social media
Independent investigator
Communicate findings to complainant
Discipline if needed
Separation of employees usually a good idea
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Best Practices
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Complete hiring strategy
Beware of Social Media
Employment Agreements
Job Descriptions
Employee Handbook
Complaint Policy
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Best Practices (Continued)
 Dedicated Human Resources
or outside assistance
 Use progressive discipline when possible
 Conduct performance evaluations
 Document, document, document!
 Be fair/respectful
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Questions & Answers
Sarah K. Goldstein
Director of Employment Practices,
Los Angeles Office
sgoldstein@kdvlaw.com
Telephone: 310.775.6522
11755 Wilshire Boulevard, Suite 2400
Los Angeles, California 90025
www.KDVLAW.com
Telephone: 310.775.6511
Fax: 310.575.9720
Long Island | New York City | New Jersey | Pennsylvania | San Francisco | Los Angeles | Florida