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The Paley Rothman Blog

Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys. The information in the blogs and articles is not a substitute for legal advice and should not be relied on as such. Should you have any questions or want legal advice, please contact the attorney who wrote the blog or article.

Employment Law

Employers Beware: EEOC Limits Use of Criminal Records

On April 25, 2012, the EEOC issued updated Enforcement Guidance on employers’ use of criminal background checks to screen applicants. Citing statistics showing that blanket prohibitions on hiring those with criminal records have a disproportionate impact on minorities, the EEOC expanded the circumstances where a criminal background check policy or practice may run afoul of Title VII – creating greater risk of liability for employers.

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Employment Law

D.C. Federal Court Enjoins NLRB Poster Rule

The Court of Appeals for the DC Circuit today enjoined the NLRB from putting its controversial union rights poster rule in place on April 30, 2012. The National Association of Manufacturers (NAM) had appealed the January 2012 ruling of the district court upholding the rule. The NAM sought an emergency injunction from the Court of Appeals to delay the rule pending the outcome of the appeal. The court granted the request.

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Employment Law

California Employers Need Not Police Meal Breaks

On April 12, 2012, the California Supreme Court issued a long-awaited ruling in the class action case of Brinker Restaurant Corp. v. Superior Court . Brinker, which had been pending since 2008 and triggered more than twenty six amicus briefs from interested organizations on both sides, centered on a number of issues relating to California state requirements for non-exempt employee meal and rest breaks.

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Employment Law

Kelly Drye Settles EEOC Age Bias Suit

A long simmering age discrimination battle between the EEOC and Kelly Drye, a law firm with more than 300 lawyers and 130 partners, has been resolved by a consent decree awarding more than $500,000 in damages to an 81-year old partner. This settlement follows the EEOC’s $27.5 million settlement with Sidley Austin LLP in 2008.

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