Peter J. Felsenfeld is a litigation associate in the San Francisco office of Barger & Wolen where his experience includes a broad range of civil litigation matters before both state and federal courts, particularly in the areas of insurance coverage, reinsurance, contractual disputes, bad faith liability and general business litigation.
In addition, Mr. Felsenfeld is involved in areas of legal ethics, including attorneys’ fees litigation and consultation.
As an employer, you may be perplexed by the flap over President Obama’s recess appointments to the National Labor Relations Board (“NLRB”) and concerned about what it all means for business. Your confusion is justified; the situation remains fluid and no one knows just where the dust will settle. This posting provides an overview of… Continue Reading
The drama surrounding President Barack Obama’s recess appointments to the National Labor Relations Board (“NLRB”) took an unexpected twist this week as the President announced his intention to nominate three new members. As we have reported, earlier this year the D.C. Circuit in Canning v. NLRB struck down President Obama’s January 2012 appointment of three… Continue Reading
The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued retailer Toys “R” Us for failing to provide an interpreter to assist a deaf job applicant during an interview. The case raises the interesting question of whether an employer must provide an interpreter for job seekers who are deaf. The EEOC claims that such a step… Continue Reading
Here’s a challenging scenario for employers: An individual applies for a job. The employer becomes aware that the applicant is a union volunteer who will likely try to organize the workplace if hired. Can the employer refuse to hire the applicant without violating federal labor laws? The answer depends on whether the applicant can demonstrate… Continue Reading
The National Labor Relations Board (“NLRB”) announced today that it would ask the U.S. Supreme Court to review a federal court ruling that invalidated the appointment of three members and put hundreds of mostly pro-union board actions in jeopardy. In Noel Canning v. NLRB, a DC Circuit panel held that President Barack Obama improperly exercised… Continue Reading
Though President Obama and Congress established broad requirements in the Affordable Care Act (aka ObamaCare), they tasked federal agencies with filling in myriad blanks regarding implementation. The agency rules that are emerging, often with little fanfare, can have an enormous effect on how the law operates in the real world. One important rule regarding the… Continue Reading
An employer risks violating federal labor laws by monitoring employees’ union activities, or even creating an impression of surveillance. Whether an employer’s union monitoring is considered coercive, and therefore illegal, depends on several factors, including the duration of the observation, the employer’s distance from employees while observing them and whether the employer engaged in other… Continue Reading
Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy). The so-called “NLRB Freeze Act of 2013” is a response to a recent D.C. Circuit ruling that President Barack Obama violated the… Continue Reading
In a decision that could have an enormous impact on employers, a federal appeals court has ruled that President Barrack Obama violated the Constitution when he appointed three members to the National Labor Relations Board (“NLRB”) without Senate approval. The unanimous ruling from the three-member panel of the Court of Appeals for the District of Columbia Circuit… Continue Reading
In a ruling that could negatively impact employers, an Illinois federal judge has allowed the Equal Employment Opportunity Commission (“EEOC”) to proceed with a class action disability discrimination case against United Parcel Service, Inc. (“UPS”) even though the EEOC has identified only two class members. The January 11, 2013, ruling by District Judge Robert M…. Continue Reading
An employer who discriminates against an employee because of her pregnancy can be held liable for sex discrimination under the federal Civil Rights Act of 1964 (the “Act”). The Oklahoma-based childcare company Kids R Us LLC recently paid $75,000 to settle a pregnancy bias suit brought by the U.S. Equal Opportunity Commission (“EECO”). According to… Continue Reading
A Chicago transportation company will pay $11 million to end a racial harassment and discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”), the agency has reported. The EEOC filed the suit against Yellow Transportation, Inc. and YRC, Inc. in December 2009. YRC Freight is a leading transporter of industrial, commercial, and retail… Continue Reading
Whirlpool Corporation, a leading manufacturer of home appliances, has agreed to pay $1 million to settle a sexual harassment suit brought by the U.S. Equal Employment Opportunity Commission (“EEOC”). The settlement comes nearly six years to the day after the EEOC filed the suit in the Middle District Court of Tennessee. According to the EEOC’s… Continue Reading
The National Labor Relations Board (“NLRB”) ruled on June 5, 2012, that General Motors’ social media policy violates federal law, according to a report in Legal Newsline.com. The policy, which prohibits employees from revealing non-public company information on any public site, is overly broad and, thus, violates employees’ rights under Section 7 of the National… Continue Reading
A Tempe, Arizona school district last week agreed to pay $148,092 to settle an age discrimination suit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC complaint, filed last year in the District Court of Arizona, centered on a leave compensation plan for retiring employees that allegedly discriminated against older workers. According to… Continue Reading
In light of a federal court ruling, Chamber of Commerce v. NLRB, the National Labor Relations Board (NLRB) has shelved controversial new regulations for determining whether a majority of employees wish to be represented by a union. U.S. District Judge James E. Boasberg on Monday ruled that the NLRB adopted the procedures without the statutorily… Continue Reading
The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued the City of Jacksonville, Florida’s firefighters union for basing promotions on a written test that few black candidates have passed. The suit raises the thorny question of whether an employer violates federal discrimination laws by requiring a written test for advancement. According to the EEOC complaint,… Continue Reading
Golf International, Inc., a golf course and restaurant in Fountain Hills, Arizona, has agreed to pay $25,000 to settle an employment discrimination suit field by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC suit, Golf International violated civil rights laws when it fired a male employee, Jeffrey White, who had submitted an… Continue Reading
The U.S. Equal Employment Opportunity Commission (EEOC) on Wednesday, April 24, 2012, approved a guideline restricting employers’ ability to consider criminal history in hiring decisions. Under the new “Guidance,” taking an individual’s arrest and conviction records into account may constitute discrimination under the Title VII of Civil Rights Act of 1964. Even an employer’s neutral… Continue Reading
is a partner in the firm’s Los Angeles office. He has extensive trial and appellate experience in the fields of insurance and general business... Read More
is a litigation partner in Barger & Wolen LLP’s Los Angeles office. He is involved in a broad range of litigation matters, including insurance coverage disputes... Read More
is a litigation associate in the San Francisco office of Barger & Wolen where his experience includes a broad range of civil litigation matters... Read More
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