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Glenn A. Hollinghurst is an associate attorney in our firm's Orange County location. Mr. Hollinghurst earned his Bachelor's of Science Degree from California State University, Chico in Business Administration with an emphasis in Management where he was a member of the National Honor Society. He went on to earn a Juris Doctorate from California Western School of Law. Mr. Hollinghurst volunteered as a Mediator with the California Western School of Law outreach program, where he conducted mediations pertaining to personal injury, breach of contract and landlord/tenant disputes within the San Diego court system. Mr. Hollinghurst began his career working with the Department of the Navy preparing cases including complex exhibits for appeal by the Office of General Counsel at Camp Pendelton, CA. He then moved on to practice Civil litigation before he began his career in Workers' Compensation defense. Since 2001, Mr. Hollinghurst has exclusively represented employers, large insurance carriers, and third party administrators on their Workers' Compensation cases including defending serious and willful and 132(a) claims. Mr. Hollinghurst brings numerous years of aggressive workers' compensation defense litigation experience to the firm.

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Employment Law Daily News for Jan 25, 2015

Johns Hopkins Settles Race Discrimination Case with U.S. Labor Department
Fri, 23 Jan 2015 18:24:50 - Pacific Time

The Applied Physics Laboratory at Johns Hopkins University will pay $359,253 to settle allegations of discrimination made by two Africa American women who were employed at its Laurel, Md. facility. An investigation by the U.S. Department of Labor's Office of Federal Contract Compliance Programs determined that the lab violated Executive Order 11246, which prohibits federal contractors from discriminating in employment on the basis of race or sex. OFCCP's investigation began in June 2010, after an African American woman filed a complaint alleging that she had been subjected to a hostile work environment at the APL. When she tried to pursue a complaint through the lab's own equal employment opportunity process, allegedly she was subjected to harassment and retaliation, and ultimately terminated. During its investigation, OFCCP received a second complaint from another African American woman alleging that she had been subjected to pay discrimination and a hostile work environment at the APL. OFCCP compliance officers found that the lab had allegedly discriminated against the two former employees on the basis of race. Read more here. 

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Former McDonald’s Workers Sue for Race and Sex Discrimination
Fri, 23 Jan 2015 17:42:58 - Pacific Time

Ten former McDonald's workers are suing the company and one of its franchisees, alleging racial and sexual discrimination, which allegedly occurred at three franchised restaurants in Virginia. The lawsuit includes claims that supervisors at the restaurants made statements such as "there are too many black people in the store" and used racial and ethnic slurs. The lawsuit also includes four defendants: McDonald's Corp., McDonald's USA LLC, franchise Soweva Co. and the franchise's owner, Michael Simon. According to the lawsuit, about 15 black workers were terminated May 12, including nine of the plaintiffs. "When they asked why they were being terminated, Soweva's owner told them that they were good workers, but they 'didn't fit the profile' of his organization," the lawsuit says. Further, according to the lawsuit, when some of the workers complained to McDonald's corporate offices, the company did not take action.The lawsuit comes a month after the National Labor Relations Board — in an unrelated matter — determined McDonald's and it franchisees could be considered jointly responsible for employment issues. Read more here.

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EEOC Sues Ruby Tuesday for Alleged Sex Discrimination Against Men
Fri, 23 Jan 2015 00:56:11 - Pacific Time

International restaurant chain Ruby Tuesday, Inc. allegedly discriminated against male employees for temporary assignments to a Utah resort, the U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit. According to the EEOC's suit, in the spring of 2013 Ruby Tuesday posted an internal announcement within a 10-state region for temporary summer positions in Park City, Utah with company-provided housing for those selected.  Andrew Herrera, a Ruby Tuesday employee since 2005 in Corvallis, Oregon, wanted to apply because of the chance to earn more money in the resort town.  However, the announcement stated that only females would be considered and Ruby Tuesday in fact selected only women for those summer jobs, supposedly from fears about housing employees of both genders together. Read more here.

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Company Will Pay $119,612 For Allegedly Firing Delivery Driver Who Self-Reported Alcohol Abuse
Thu, 22 Jan 2015 19:45:06 - Pacific Time

A federal jury has found that Old Dominion Freight Line, Inc., a trucking company, committed disability discrimination for allegedly failing to accommodate a truck driver who self-reported alcohol abuse and then allegedly terminating him. According to the EEOC's suit, the former driver self-reported an alcohol problem under the company's "Open Door Policy" seeking assistance from Old Dominion.  The driver and local management were unaware that the company had an unwritten policy of not allowing drivers who self-report alcohol abuse to return to driving. Although Old Dominion would not return the driver to a driving position, the company asserted that it accommodated the driver by offering him a part-time dock position at half the pay and no health benefits. Old Dominion later charged the driver with job abandonment and terminated him in June 2009. According to the EEOC, “To maintain a blanket policy that any driver who self-reports alcohol abuse could never return to driving -- with no individualized assessment to determine if the driver could safely be returned to driving -- violates the ADA." Read more here.

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U.S. Supreme Court Rules in Favor of Government Whistleblower
Wed, 21 Jan 2015 20:37:10 - Pacific Time

The U.S. Supreme Court ruled that a former air marshal was not "specifically prohibited by law" for exposing information about the Transportation Security Administration’s (TSA) decision to reduce overnight flights for air marshals in 2003. The 7-2 decision, written by Chief Justice John Roberts, represents a rare court victory for government whistle-blowers. The case involved Robert MacLean, an air marshal who flew undercover and armed, as part of the U.S. government’s anti-terrorism efforts. When the TSA decided to reduce overnight flights for air marshals in 2003, MacLean leaked the news to MSNBC, which prompted congressional criticism before TSA reversed itself. When his identity was revealed three years later, MacLean was terminated for disclosing "sensitive security information," which violated TSA rules. A federal appeals court ultimately ruled that his disclosure did not violate a federal law, only an agency regulation, and the government appealed. Read more here.

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Rare Protest Occurs During Supreme Court Session
Wed, 21 Jan 2015 20:17:39 - Pacific Time

A rare broke out in the Supreme Court on Wednesday as several protestors stood up and shouted what appeared to be comments criticizing the court's controversial 2010 Citizens United campaign finance decision. As court opened, Chief Justice John Roberts was preparing to announce the day's opinions when he was cut off by the first protestor who shouted "we are the 99 percent." Roberts then tried to joke "our second order of business today" until he was cut off by a second protestor. Read more here.

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Obama Calls for Paid Sick Leave in State of the Union Address
Wed, 21 Jan 2015 18:59:45 - Pacific Time

In his recent State of the Union Address, President Obama, continued with his push for mandatory paid sick leave by asking Congress to adopt legislation similar to a new law in California, which requires employers to provide employees with a certain number of paid sick leave days per year (in California, the new law will require three days per year beginning July 1, 2015.) Obama called on federal lawmakers, as well as state and local officials, to adopt legislation granting millions of workers up to seven days of paid sick leave each year. Obama recently signed a presidential memorandum directing federal agencies to provide employees with up to six weeks of paid leave for parents with a new child. He also called on the Republican-led Congress to pass legislation giving federal employees another six weeks of compensated parental leave. Read more here.

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U.S. Supreme Court Declines Review in California Arbitration Case
Wed, 21 Jan 2015 18:45:02 - Pacific Time

In a closely watched California case regarding the permissible scope of a mandatory workplace arbitration agreement containing a waiver of class actions, Iskanian v. CLS Transportation Los Angeles, LLC, S204032 (June 23, 2014), the U.S. Supreme Court has declined review of the California Supreme Court’s decision that the Federal Arbitration Act (FAA) preempts class action waivers as applicable to the Private Attorney General Act of 2004 (PAGA). As a result of this decision, in California, although mandatory arbitration agreements can still prohibit employees from bringing class actions against the employer, employees may still file representative “PAGA” actions, and an arbitration provision containing a waiver of such actions is not enforceable. A “PAGA” claim refers to a law in California that allows a private citizen to pursue civil penalties against an employer, on behalf of the State of California, for wage and hour violations, provided certain procedures are followed. Read the California Supreme Court decision here.

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U.S. Supreme Court Hears Oral Argument on Whether EEOC’s Conciliatory Efforts Are Subject to Judicial Review
Mon, 19 Jan 2015 17:53:09 - Pacific Time

The U.S. Supreme Court recently heard oral argument on whether the U.S. Equal Employment Opportunity Commission’s (EEOC) pre-litigation conciliatory efforts are subject to judicial review. The U.S. Court of Appeals for the Seventh Circuit had held that the EEOC’s efforts in this regard are not subject to judicial review. The case involves Mach Mining, LLC, which was sued by the EEOC for allegedly violating Title VII, by failing to hire any female miners since beginning operations in 2006, despite obtaining applications from many highly qualified women. Mach Mining defended against these allegations by asserting that the EEOC did not adequately conciliate the matter before suing. The Seventh Circuit considered the case, ruling that Title VII conveys complete discretion to the EEOC for conciliation efforts. The Seventh Circuit thus ruled that employers cannot seek to dismiss EEOC lawsuits by arguing that the Commission inadequately "conciliated" before filing its lawsuit; subsequently, Mach Mining appealed to the U.S. Supreme Court. Read more here.

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California Supreme Court Grants Petition for Review in UCL Case
Mon, 19 Jan 2015 17:15:44 - Pacific Time

The California Supreme Court has granted a petition for review in Solus Industrial Innovations v. Superior Court, on the issue of whether federal law preempts a district attorney from recovering civil penalties under California’s Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200 et seq.) due to an employer’s alleged violation of workplace safety standards. Solus argues that federal OSHA preempts any state law on workplace safety enforcement, which has not been specifically incorporated into the state workplace safety plan approved by the U.S. Secretary of Labor. The district attorney contends that once a state workplace safety plan has been approved by the Secretary, as California’s was, the state retains significant discretion to determine how it will enforce the safety standards. Solus manufactures plastics. In 2007, the company installed an electric water heater designed for residential use at its facility. Subsequently, the water heater exploded and two workers were killed. Cal-OSHA investigated, fined Solus, and referred the case to the district attorney for prosecution of company officials. The district attorney also brought a civil action for penalties. Solus argued federal OSHA preempts all workplace safety laws. Read more here.

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Past Employment Law News Articles

• California’s Governor Brown Appoints Kevin Kish as New Director of the DFEH: Mon, 19 Jan 2015 16:41:53 - Pacific Time: Read More...

• U.S. Supreme Court Agrees to Rule on Gay Marriage: Mon, 19 Jan 2015 16:33:13 - Pacific Time: Read More...

• Minimum Wage Increases in 20 States: Thu, 15 Jan 2015 05:38:01 - Pacific Time: Read More...

• U.S. House Exempts Emergency Service Volunteers From ACA 50-Employee Threshold: Thu, 15 Jan 2015 05:14:52 - Pacific Time: Read More...

• Finding a New Job Among New Year’s Resolutions at Work: Thu, 15 Jan 2015 04:59:19 - Pacific Time: Read More...

• EEOC Chair Announces Task Force to Develop Strategies to Prevent Workplace Harassment: Thu, 15 Jan 2015 04:46:27 - Pacific Time: Read More...

• “Probationary” Employees are Entitled to ADA Protection: Tue, 13 Jan 2015 20:09:38 - Pacific Time: Read More...

• OSHA Orders Company to Reinstate Pilot: Thu, 08 Jan 2015 18:21:57 - Pacific Time: Read More...

• Flight Attendants Sue United Airlines Seeking Reinstatement: Thu, 08 Jan 2015 05:08:04 - Pacific Time: Read More...

• U.S. House Passes Bill Exempting Certain Employees From the ACA: Wed, 07 Jan 2015 19:36:10 - Pacific Time: Read More...