The Iowa Supreme Court recently issued important decisions about the state's private-sector drug-free-workplace statute. Iowa Code Section 730.5 is a complex statute containing numerous application pitfalls for employers...
Employment Law Letter
The union movement has seen declining numbers for decades, but with a staunchly prounion advocate in the White House, union supporters are hoping to soon see progress for their cause. But union foes are hoping to thwart...
Neurodiversity represents the inherent differences in neurological structure and function. The term encompasses neurocognitive differences such as autism, attention deficit hyperactivity disorder (ADHD), dyslexia...
One of the benefits of hiring an independent contractor is that most obligations fall to the contractor—obtaining workers' compensation and general liability insurance; complying with federal, state, and local employment...
Many employers use Code of Civil Procedure Section 998 offers to compromise as a strategic way to shift which party in a lawsuit—the employer or the employee—will be determined the "prevailing party." That's important...
President Joe Biden’s new “COVID-19 Action Plan: Path Out of the Pandemic” requires employees of large private employers, the federal government, federal contractors, and healthcare entities to be vaccinated against the...
Although supervisory favoritism toward a paramour may be unfair and ill-advised, it isn't illegal sex discrimination under Title VII of the Civil Rights Act of 1964, according to the U.S. 9th Circuit Court of Appeals...
California has an odd lawmaking system, and nothing exemplifies that more than the fight over independent contractor status of app-based drivers. The issue has gone from the legislature to the courts, back to the...
The California Supreme Court's 2020 ruling in Alameda County Sheriff's Association v. Alameda County Employees' Association continues to affect the application of pension law across the state. In the following case, the...
Under California Labor Code Section 229, an employee may maintain a claim for unpaid wages in court even if she signed an arbitration agreement with her employer. A California appellate court recently ruled an employee's...
Pay equity has become an important issue in California employment law. It is now a concept of both general fairness and discrimination. For example, employers may not ask about prior salary history because it has been...
Retaliation claims pose considerable danger to Texas employers. Why? Because of how our brains are wired. Jurors innately believe an employee who complains about working conditions will be punished for doing so...
Bob Odenkirk, one of my favorite actors, who plays morally challenged criminal defense attorney Saul Goodman on Better Call Saul, was rushed to an Albuquerque hospital recently after suffering a heart attack on set...
Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical...
The Texas Supreme Court recently weighed in on the disability discrimination parts of the Texas Labor Code, plus retaliation claims. A veritable feast. First course: Employer’s policy is its undoing Albert Lara was a 21...