Maria C. Rodriguez
Subscribe to Maria C. Rodriguez's PostsMaria C. Rodriguez advises US and international corporations with regard to employment law compliance and mergers and acquisitions; and defends employment cases and class action litigation. She is a trusted advisor to clients helping them avoid or resolve disputes and protect resources through proactive and strategic planning. She is experienced working with clients in the sports, media and entertainment, technology, food and restaurant, airline, transportation and distribution, health care and fashion industries. Read Maria Rodriguez's full bio.
A Win for Employers: Ninth Circuit Holds That California AB 51 Prohibiting Mandatory Arbitration Is Pre-empted by the Federal Arbitration Act
By Maria C. Rodriguez, Laurie Baddon and Paulina Chau on Mar 28, 2023
Posted In Employment, Labor
On February 15, 2023, employers in California regained the ability to enforce mandatory arbitration as the US Court of Appeals for the Ninth Circuit ruled that Assembly Bill 51 (AB 51), which prohibited “forced arbitration” as a condition of employment, was pre-empted by the Federal Arbitration Act (FAA). After years of litigation, the Ninth Circuit’s...
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California Employers: Your Online Job Advertisements Could Get Your Business in Hot Water
By Marjorie C. Soto Garcia, Chris Braham and Maria C. Rodriguez on Nov 10, 2021
Posted In Employment, Privacy and Data Security
The California Department of Fair Employment and Housing (DFEH) recently announced a new affirmative effort to detect and correct violations of the Fair Chance Act (FCA)—California’s ban-the-box law—by using online technology to identify words and phrases in job advertisements that violate the FCA. The FCA was first enacted on January 1, 2018, to prohibit employers...
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Six Ways to Improve Employers’ Anti-Harrassment Training
By Maria C. Rodriguez on Jun 10, 2021
Posted In Employee Benefits, Employment
The telework explosion ushered in by the COVID-19 pandemic has created new opportunities—and challenges—for employers’ workplace sexual harassments trainings. In this Law360 article, McDermott partner Maria C. Rodriguez argues that the benefits of virtual and in-person trainings are easy to identify when they’re done right. Access the article.
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Background Checks: The Advent of the New California Employment Class Action
By Yesenia M. Gallegos, Maria C. Rodriguez, Chris Braham and Marjorie C. Soto Garcia on Nov 6, 2020
Posted In Employment, Privacy and Data Security
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...
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President Releases Executive Order Prohibiting Training for Contractors and Federal Grant Recipients
By Rachel B. Cowen, James W. Kim and Maria C. Rodriguez on Oct 7, 2020
Posted In Employment, Labor
On September 22, 2020, US President Donald Trump issued an Executive Order, which prohibits federal contractors and recipients of federal grants from conducting certain workplace training on race and sex stereotyping. This Executive Order is likely to be challenged on various grounds, including First Amendment grounds, but all employers may wish to review their workplace...
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Background Checks: The Advent of the New California Employment Class Action
By Chris Braham, Yesenia M. Gallegos, Maria C. Rodriguez and Marjorie C. Soto Garcia on Jul 28, 2020
Posted In Employment, Privacy and Data Security
Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...
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Flirting at Job Interviews Is Common
By Maria C. Rodriguez on Feb 25, 2020
Posted In Employment, Labor
One in five job applicants say an interviewer flirted with them during a job interview, and more than half of them flirted back, according to a survey by background-screening firm JDP. Of the 1,997 people surveyed, 58% of the women flirted back and 71% of the men reciprocated. The attraction may not have been mutual,...
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Emerging Trends Alert | Filling in the Gaps: Pay Equity
By Andrew Liazos, Jeffrey Holdvogt, Maria C. Rodriguez, Michelle S. Strowhiro and McDermott Will & Emery on Mar 5, 2019
Posted In Employment, Executive Compensation
In a presentation at McDermott’s Employment and Employee Benefits Forum, our lawyers discuss the patchwork of state and local laws surrounding pay equity for similarly situated employees doing the same job. Particularly in California, new developments have emerged further clarifying pay equity laws. For best practices, they recommend: Establishing compensation ranges across substantially similar jobs...
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Worker Classification: Complications Beyond the Front Page
By Maria C. Rodriguez, McDermott Will & Emery and McDermott Will & Emery on Feb 7, 2019
Posted In Employee Benefits, Employment
When California’s Dynamex decision rolled out the “ABC test”, it placed the burden on the employer to prove independent contractor (IC) status. In a presentation at the Employment and Employee Benefits Forum in California, McDermott’s lawyers discussed the implications of Dynamex, as it applies to various types of employers as well as those using staffing...
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