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Robert Dudley is an associate attorney with the firm's Beverly Hills office where he is a member of the criminal law department. Mr. Dudley holds a Juris Doctor (cum laude) degree from Pepperdine University School of Law where he was awarded the Order of Barristers. He also holds a Masters of Public Policy degree (emphasis in economics) from Pepperdine's School of Public Policy and a Bachelor of Arts degree from Washington University in St. Louis (dual majors: economics and Spanish). During law school, Mr. Dudley was a member of two national championship moot court teams that took top honors at the Chicago Bar Association and the University of North Carolina School of Law moot court competitions. Mr. Dudley completed an externship with the Honorable Anthony J. Mohr in the Complex Litigation Division of the Los Angeles County Superior Court where he worked on a variety of complex civil matters involving corporate, insurance, and employment law. Prior to joining Floyd, Skeren & Kelly, Mr. Dudley was a law clerk at the Law Office of Joel Koury where he assisted with the defense of a capital murder case in addition to DUI, federal RICO, and drug trafficking cases. While completing his joint law and public policy studies, Mr. Dudley also performed legal and policy research on juvenile sentencing for Human Rights Watch in Los Angeles. He is fluent in Spanish (written and verbal).

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Employment Law Daily News for Apr 20, 2014

Employer to Pay $100,000 for Allegedly Firing Bookkeeper Due to Vision Impairment
Fri, 18 Apr 2014 16:42:55 - Pacific Time

A San Jose-based business has agreed to pay $100,000 to a former employee, who was allegedly fired because of his vision impairment, according to a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC charged that Farhang Dahmubed was hired, and soon after, terminated as a senior bookkeeper at Riviera Consulting & Management Consulting, LLC within one month because of his retinitis pigmentosa. The EEOC also charged that the employer failed to conduct an interactive process to find a reasonable accommodation for newly created job duties related to driving.

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IRS Issues New Guidance on Treatment of Same-Sex Marriages for Retirement Plan Purposes
Fri, 18 Apr 2014 16:13:48 - Pacific Time

The IRS has issued new guidance, Notice 2014-19, which provides information on how qualified retirement plans should treat same-sex marriages in light of the Supreme Court's decision in United States v. Windsor. The Windsor decision invalidated Section 3 of the 1996 Defense of Marriage Act (DOMA) that barred married same-sex couples from being treated as married under federal law. The notice gives examples of Code requirements under which the marital status of the participants is relevant to the payment of benefits; provides guidance on how to satisfy those requirements in light of Windsor; and, describes when retirement plans must be amended to comply with Windsor, Revenue Ruling 2013-17, and Notice 2014-19.

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Employer Must Reinstate Before Seeking its Own Evaluation of the Employee’s Fitness for Duty in FMLA Matter
Wed, 16 Apr 2014 16:14:27 - Pacific Time

When an employee takes leave under the Family and Medical Leave Act (FMLA) the employee is entitled to reinstatement as long as medical certification is received from the employee's health care provider indicating that the employee is able to resume work. However, the employer is not permitted to seek a second opinion regarding the employee's fitness for work prior to restoring the employee to employment. According to a recent appellate court decision, if the employer is not satisfied with the employee's health care provider's certification, the employer may seek its own evaluation of the employee's fitness for duty at its own expense, but the employer must first restore the employee to work.

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Employer Liable for Allegedly Denying Employee’s Request for Service Dog at Work as an Accommodation for Anxiety
Wed, 16 Apr 2014 06:15:59 - Pacific Time

Direct Optical, Inc., an optical store in Farmington Hills, Mich., has agreed to pay $53,000 to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC's suit, Direct Optical denied an optician's request for the reasonable accommodation to bring her service dog to work because of her generalized anxiety disorder.  The employee advised that the dog alerted her to oncoming panic attacks, helped alleviate symptoms during a panic attack, and could also do other tasks, such as retrieve small objects, retrieve her medical bag and guide her to an exit. The EEOC also charged that after Direct Optical denied the request it began disciplining and ultimately terminated the employee because of her disability and in retaliation for her request.

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Weight Watchers to Pay $45,000 for Alleged Pregnancy Discrimination
Mon, 14 Apr 2014 19:46:00 - Pacific Time

The WW Group., Inc., a company based in Farmington Hills, Mich., doing business as Weight Watchers, will pay $45,000 and furnish other relief to settle a pregnancy discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC charged that the company violated federal law when it refused to hire an applicant as a group leader because she was pregnant. The applicant was a lifetime member of Weight Watchers, and she had met and maintained her weight goals before becoming pregnant. When Weight Watchers learned of the applicant's pregnancy, it allegedly advised her that it did not hire pregnant women.

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HR Practice Pointer: When Must an Employer Pay an Intern?
Mon, 14 Apr 2014 19:30:42 - Pacific Time

As summer approaches, high school and college students around the country are searching for internships, which can provide valuable experience for future career endeavors. Historically, many internships have been unpaid, and as long as certain criteria established by state and federal laws are met, employers may offer unpaid internships. However, in recent years there has been a significant increase in the number of lawsuits filed in which interns have alleged wage violations for failure to pay wages. Therefore, employers should familiarize themselves with the applicable laws for determining whether or not an intern should be paid. Federally, pursuant to the FLSA, there are six criteria that must be applied when determining if an internship can be unpaid.

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Proposal Made to Increase San Francisco’s Minimum Wage to $15 an Hour
Mon, 14 Apr 2014 18:02:07 - Pacific Time

A coalition of community and labor advocates (the "Coalition for a Fair Economy") has submitted a proposed ballot measure (the "Minimum Wage Act of 2014") to increase the minimum wage in San Francisco to $15 an hour, as a first step to get the measure on the November ballot.  The "Coalition for a Fair Economy," includes members from Progressive Workers Alliance, SF Rising, the San Francisco chapter of Alliance of Californians for Community Empowerment, Unite Here Local 2 and Service Employees International Union Local 1021. SEIU Local 1021 represents 13,000 city workers in San Francisco. The measure would cover all part-time, temporary and contract employees. The increase in minimum wage would be phased in, with a longer period provided for employers with less than 100 employees.

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Senate Blocks Paycheck Fairness Act
Fri, 11 Apr 2014 16:46:12 - Pacific Time

Senate Republicans have blocked legislation, the Paycheck Fairness Act, which was directed at a pay gap between men and women. The bill fell short of the 60 votes needed to prevent a filibuster and advance. The Act would have banned workplace retaliation for those who discuss their pay, in addition to requiring employers to explain why workers in similar jobs earn more than others and allowing workers to seek punitive damages, in addition to back pay, in disputes over wages.

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EEOC Alleges School District Denied Employees Benefits Based on Age
Fri, 11 Apr 2014 16:30:59 - Pacific Time

According to the EEOC, Murphy School District No. 21, a public school district in the city of Phoenix, used an early retirement incentive plan which grants greater economic benefits to younger retirees based upon their age. The EEOC has filed an age discrimination lawsuit against the district. The EEOC alleges that Murphy School District's early retirement incentive plan is facially discriminatory because it grants more favorable benefits to younger early retirees based on their age.  The school district adopted the plan in the 1980s. Under the Age Discrimination in Employment Act (ADEA), early retirement incentive plans which discriminate on the basis of age violate the law.

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CalChamber Releases Annual List of “Job Killer” Bills
Thu, 10 Apr 2014 18:11:42 - Pacific Time

The California Chamber of Commerce (CalChamber) has released its annual list of "job killer" bills, highlighting  legislation that CalChamber believes will have a negative impact on California's "job climate and economic recovery if they were to become law." According to Allan Zarember, president and CEO of CalChamber, "The economic recovery is still the number one issue for Californians...These bills pose a serious threat to our economy and, if enacted, would dampen job growth in the state. While it is encouraging that the list of new job killer bills is smaller than in past years, the unfortunate consequence of any one of these bills becoming law would be harmful to our economy. Protection of the job climate remains CalChamber's top priority."

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Past Employment Law News Articles

• Employer Agrees to Rescind Social Media Policy: Wed, 09 Apr 2014 15:53:06 - Pacific Time: Read More...

• Obama Signs Executive Order on Equal Pay: Wed, 09 Apr 2014 15:42:04 - Pacific Time: Read More...

• USCIS Reaches FY 2015 H-1B Cap: Tue, 08 Apr 2014 17:26:02 - Pacific Time: Read More...

• NLRB Live-Streaming Public Hearing on Proposed Rules For Representation-Case Procedures: Tue, 08 Apr 2014 17:14:11 - Pacific Time: Read More...

• CA Supreme Court to Consider Whether Undocumented Workers Can Sue for Discrimination: Fri, 04 Apr 2014 19:31:48 - Pacific Time: Read More...

• Employer to Pay $354,250 to Settle Alleged Sex Discrimination Against Men: Fri, 04 Apr 2014 18:56:12 - Pacific Time: Read More...

• HR Practice Pointer: Job Descriptions are Essential to the Workplace: Thu, 03 Apr 2014 19:29:21 - Pacific Time: Read More...

• Fast Food Restaurant Will Pay $100,000 for Alleged Pay Discrimination: Thu, 03 Apr 2014 16:44:16 - Pacific Time: Read More...

• Car Dealership to Pay Over $2 Million for Alleged Same-Sex Sexual Harassment: Thu, 03 Apr 2014 16:20:39 - Pacific Time: Read More...

• Wal-Mart to Pay $363,419 for Alleged Sexual Harassment and Retaliation: Tue, 01 Apr 2014 04:15:55 - Pacific Time: Read More...