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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 Sep 30, 2014

CalChamber Opposes Heat Illness Regulations
Mon, 29 Sep 2014 19:50:40 - Pacific Time

Representatives from the California Chamber of Commerce and a coalition of businesses have raised concern to the Division of Occupational Safety & Health (Cal/OSHA) Standards Board on proposed regulatory changes to California’s unique heat illness prevention regulations. The group, known as the Heat Illness Prevention Coalition, is comprised of almost 100 organizations. It is concerned that the proposed changes are unnecessary, overly burdensome, and would be disruptive to employers already complying with the current requirements. According to the CalChamber, “Cal/OSHA has neither demonstrated the need for such a far-reaching revision of the heat illness prevention standard nor provided any evidence of necessity to justify these proposed changes. There is no supporting data from enforcement activities, citations, injuries, or illnesses. There is an absence of any indication that a problem has arisen that is directly related to each proposed rule change. The agency has not identified specific provisions of the existing regulation as deficient based on field experience or data where the current regulation was demonstrably inadequate to prevent a heat illness or fatality.”  Read more here.

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New Rule Reduces Veterans’ Reporting Requirements for Federal Contractors
Mon, 29 Sep 2014 19:35:31 - Pacific Time

The U.S. Department of Labor (DOL) has published a final rule that reduces reporting requirements for federal contractors and subcontractors who hire and employ veterans under provisions of the Vietnam Era Veterans' Readjustment Assistance Act of 1974. The final rule revises the VETS-100A Report and renames it the VETS-4212 Report. The VETS-100 Report will no longer be used. The VETS-4212 Report requires contractors to report specified information on protected veterans in their workforce in the aggregate, rather than for each category of veterans protected under the statute, reducing the required reporting elements by almost half, from 82 to 42. Under VEVRAA, the term "protected veterans" includes: disabled veterans, veterans who served on active duty during a war or campaign for which a campaign badge was authorized, veterans who were awarded an Armed Forces Service Medal and recently separated veterans. Read more here. 

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EEOC Sues Employer for “Systemic Sexual Harassment”
Mon, 29 Sep 2014 18:21:02 - Pacific Time

The U.S. Equal Employment Opportunity Commission (EEOC) has sued VXI Global Solutions, a provider of call center services for major nationwide companies, for alleged “systemic sexual harassment” for failing to stop the “widespread sexual harassment of both female and male workers by company supervisors,” in its call center. According to the EEOC, a class of female and male call center staff endured an extremely hostile work environment perpetuated by a male floor manager and other supervisors. Females were allegedly subjected to “unsolicited groping and touching, constant sexual propositions, and grotesque comments of a sexual nature.” The EEOC also alleges that a “female assistant supervisor made repeated advances toward male staff with foul descriptions of proposed sexual activity, unwanted lap dances and physical rubbing. Male employees who refused to participate were subjected to unlawful gender stereotyping in that they were accused of being gay because of their objection to the harasser's behavior.” Attempts to report the harassment to human resources personnel were inhibited by their alleged lack of availability.  When VXI Global's supervisors and/or human resources personnel were eventually advised of the harassment, several of the employees were allegedly disciplined and terminated. Read more here.

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New Digest of EEO Law Issued by EEOC
Mon, 29 Sep 2014 17:54:19 - Pacific Time

The U.S. Equal Employment Opportunity Commission (EEOC) has announced the latest edition of its federal sector Digest of Equal Employment Opportunity Law. This quarterly publication, prepared by the EEOC's Office of Federal Operations (OFO), features a wide variety of recent Commission decisions and federal court cases of interest. Additionally, it contains a special article entitled, Failure to State a Claim: An Overview of the Law & Three Areas of Concern. The spring 2014 edition of the Digest contains summaries of noteworthy decisions issued by the EEOC and features cases involving attorneys' fees, compensatory damages, dismissals, findings on the merits, remedies, sanctions, stating a claim, settlement agreements, summary judgment, and timeliness. Read more here.

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EEOC Files Lawsuits Alleging Transgender Discrimination
Mon, 29 Sep 2014 17:28:44 - Pacific Time

The U.S. Equal Employment Opportunity Commission (EEOC) has filed the first lawsuits in its history alleging transgender discrimination. In the first lawsuit, the EEOC has charged that Detroit-based R.G. & G.R. Harris Funeral Homes, Inc. discriminated on the basis of sex by allegedly firing a funeral director/embalmer because she is transgender and was transitioning from male to female. The employee allegedly had satisfactorily performed her job duties but was terminated after notifying the employer that she was undergoing gender transition and would soon present as a female. In the other case, the EEOC has sued Lakeland Eye Clinic, a Lakeland, Florida-based organization of health care professionals, for allegedly violating Title VII, by firing an employee because she is transgender. According to the EEOC, Lakeland's employee had performed her duties satisfactorily throughout her employment; however, after informing them she was transgender and intended to start presenting as a female, she was terminated. Read more here.

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FSK’s 2nd Annual Northern California Employment Law Conference
Mon, 22 Sep 2014 19:30:20 - Pacific Time

On Thursday, November 6, 2014, Floyd, Skeren & Kelly, LLP will hold its 2nd Annual Northern California Employment Law Conference. The conference will take place at the Hilton Garden Inn located in Emeryville, CA. The conference will cover important workplace topics related to the Interactive Process, Disability Leave, Pregnancy Leave, the Affordable Care Act, Workers’ Compensation and the crossover issues related to the Fair Employment Act, and much more. The Keynote Speaker will be Phyllis W. Cheng, Director of the California Department of Fair Employment and Housing. Other speakers include Bernadette M. O’Brien, Managing Attorney of Floyd, Skeren & Kelly’s Employment Law Department, and Dona Lee Skeren, Assistant Managing Attorney of Floyd, Skeren & Kelly’s Employment Law Department. Some of the topics will be: “Every Employer’s Nightmare: Managing Employee Leaves of Absence;” “An Overview of Proposed Regulatory Changes to the California Family Rights Act;” “Guidance on Preventing a Straightforward Workers’ Compensation Case from Turning into a FEHA Nightmare;” “Mastering the Complexities of Pregnancy Leave: How Much Time is Required by Law and Why it Could be More Than 7 Months;” and “An Affordable Care Act Update for Employers: Preparing for January 1, 2015.”

MCLE & CE Credits are available for this conference, with HRCI credit pending. For more information about the conference and to register, please visit FSK HR Training.

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Governor Brown Signs Mandatory Paid Sick Leave Bill
Mon, 22 Sep 2014 04:48:27 - Pacific Time

California Governor Edmund G. Brown, Jr., has signed into law a bill, AB 1522, requiring employers in California to provide at least three days of paid sick leave a year to their employees. The decision was cheered by labor unions, but opposed by business groups concerned about rising costs. Business groups raised fears that the legislation would increase their costs of doing business and reduce their flexibility to schedule employees. California became the second state in the nation, after Connecticut, to adopt a paid sick leave law. Pursuant to AB 1522, employers are mandated to provide sick pay for an employee who works 30 or more days in a single calendar year. Employees will earn a minimum of one hour of paid sick leave for every 30 hours worked. The bill, authored by Assemblywoman Lorena Gonzalez, D-San Diego, is scheduled to go into effect in July 2015. Read more here.

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Governor Brown Signs Bill Expanding Scope of AB 1825 Sexual Harassment Training
Mon, 22 Sep 2014 04:33:04 - Pacific Time

California’s Governor Edmund G. Brown has signed AB 2053, which expands the scope of AB 1825 sexual harassment training to include “abusive conduct.” The new law is in effect as of January 1, 2015.  AB 1825, applies to California employers with 50 or more employees and requires those employers to provide a minimum of two-hours of training, every two years, for managers and supervisors on the prevention of sexual harassment. Pursuant to AB 2053, “abusive conduct” refers to conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. "Abusive conduct" may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute "abusive conduct," unless especially severe and egregious. Read more here.

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Oakland Raiders to Pay $1.25 Million for Alleged Wage Violations
Mon, 22 Sep 2014 04:07:41 - Pacific Time

Eight months after filing a class-action lawsuit against the Oakland Raiders, two former “Raiderettes” cheerleaders have obtained a $1.25-million settlement from the team. The deal was announced today by attorneys for both sides, and is subject to court approval. The two former cheerleaders alleged that the Raiders violated numerous state wage and hour laws, including failing to pay minimum wage, withholding wages for months and refusing to reimburse cheerleaders for their business expenses. Instead of earning only $125 per game, payable in a single paycheck delivered at the end of the season, Raiderettes will now earn $9 an hour, for the estimated 350 hours each cheerleader puts in each year, including rehearsals, practices and mandatory community and charity appearances. As a result, their annual compensation will rise from about $1,250 to about $3,200. Read more here.  

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Shell Oil and Motiva Enterprises to Pay Nearly $4.5M
Mon, 22 Sep 2014 03:55:59 - Pacific Time

Shell Oil Co. and Motiva Enterprises LLC, which markets Shell gasoline and other products, have agreed to pay $4,470,764 in overtime back wages to 2,677 current and former chemical and refinery employees as a result of investigations by the U.S. Department of Labor (DOL) that found alleged violations of the Fair Labor Standards Act. The department's Wage and Hour Division conducted investigations at eight Shell and Motiva facilities in Alabama, California, Louisiana, Texas and Washington, which found that the companies allegedly violated FLSA overtime provisions by not paying workers for the time spent at mandatory pre-shift meetings and failing to record the time spent at these meetings. According to the DOL, the company’s failed to pay workers for time spent attending mandatory pre-shift meetings. The companies allegedly required the workers to come to the meetings before the start of their 12-hour shift. Because the companies failed to consider time spent at mandatory pre-shift meetings as compensable, employees were not paid for all hours worked and did not receive all of the overtime pay of time and one-half their regular rate of pay for hours worked over 40 in a workweek. Additionally, the refineries allegedly did not keep accurate time records. Read more here.

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Past Employment Law News Articles

• Wells Fargo Settles EEOC Same-sex Sexual Harassment Lawsuit for $290,000: Mon, 22 Sep 2014 03:43:10 - Pacific Time: Read More...

• Judge Backs EEOC’s Right to Investigate Companywide Policy: Mon, 22 Sep 2014 03:35:54 - Pacific Time: Read More...

• EEOC Report Identifies Common Errors by Federal Agencies in Dismissing Discrimination Complaints: Mon, 22 Sep 2014 03:26:59 - Pacific Time: Read More...

• EEOC Sues Doherty Enterprises over Mandatory Arbitration Agreement: Mon, 22 Sep 2014 03:19:26 - Pacific Time: Read More...

• McCormick & Schmick’s to Pay $1.3 Million for Alleged Race Discrimination: Mon, 22 Sep 2014 03:06:13 - Pacific Time: Read More...

• EEOC Disability Discrimination Case Against Sony Will Proceed: Tue, 09 Sep 2014 17:18:42 - Pacific Time: Read More...

• Judge Approves $2.4 Million Settlement with Hawaii Farms: Mon, 08 Sep 2014 16:09:33 - Pacific Time: Read More...

• Appellate Court Affirms District Court’s Grant of Class Certification to Allstate Employees: Fri, 05 Sep 2014 15:20:30 - Pacific Time: Read More...

• Court Upholds Termination of Employee Who Refused Fitness-for-Duty: Fri, 05 Sep 2014 14:58:06 - Pacific Time: Read More...

• Great Plains Coca-Cola Bottling Company to Pay $475K in Back Wages: Thu, 04 Sep 2014 16:58:01 - Pacific Time: Read More...