Category: Employment Litigation

The Americans with Disabilities Act provides that employees with disabling medical conditions can take leave for multi-month periods, even for a year or longer. But wait a minute. Perhaps that’s wrong. As noted in a recent overview of the ADA and its parameters, some analysts say that the federal legislation allows instead for only “brief periods…

A recently concluded workplace discrimination case serves as a virtual primer to employers in California and nationally regarding how not to interact with pregnant employees at the workplace. For starters, don’t treat them differently from other workers in a manner that even remotely signals harassing behavior. This would quality as such conduct: demanding that a…

American Airlines and its largest regional affiliate, Envoy Air, recently agreed to settle a lawsuit that accused the airlines of denying accommodations to disabled workers. American and Envoy agreed to pay $9.8 million to resolve claims that they didn’t allow disabled workers to return to their jobs or transfer into open positions when they had restrictions…

Employment discrimination is against the law in various circumstances, which is something for both employees and employers to know. For instance, employers aren’t allowed to turn down a potential employee just because he or she has a disability. As long as an individual is capable of performing the job, he or she should receive a…

Some workers in California and elsewhere across the country are legally entitled to receive overtime pay and related benefits when they cross an hours-worked threshold relevant to a particular pay period. They don’t always receive it. And when they don’t, their complaints concerning the alleged bad-faith behavior of employers t often lead to wage-and-hour-based lawsuits…

Although some California employers might — and undoubtedly will — continue to argue that a matter recently ruled upon by the California Supreme Court is nuanced and quite complex, legions of workers in the state will certainly counter that it is anything but complicated. In fact, they have been making that claim for some time…

As covered on this blog, California has been taking steps to address classification of workers as independent contractors. While this has taken on different forms, including the monumental Dynamex decision, the state legislature recently finalized its own measure with the passage of AB5 to codify the ABC test set forth in Dynamex. The passage of the bill largely overhauls employment…

As discussed on this blog, California seems to be taking the lead nationwide in responding to companies like Uber and Lyft and their practices in classifying their workers. Initially, the Dynamex decision had the courts taking the lead, but more recently California’s Bill Assembly Bill 5 seeks to end worker classification practices the State disapproves of. AB 5 looks to…

The legislation referenced above in today’s blog headline is formally entitled the Fair Pay and Safe Workplaces Executive Order. As noted from its name, the law comes in the form of an executive proclamation issued by President Obama, with such rules and orders bypassing the more typical route for the passage of federal laws that…

For California employers and prospective hirees, this cuts both ways. On the one hand, a hiring manager might reasonably be deemed to have a legitimate concern when a background check reveals a criminal record for a job applicant. And on the other hand, that applicant unquestionably has valid concerns when he or she checks off…

Employment laws are constantly changing – especially in California. It’s vital to stay current with them to ensure you’re compliant and avoid penalties and liability. Failure to comply can cost more than you know. SB 1100 and the Freelance Worker Protection Act (FWPA) are two of the most notable updates in employment law in California.…