A former employee filed a lawsuit arguing he was discriminated against based on his disability and age when his former employer denied his request to be reassigned to a different position. The case reminds employers of...
Employment Law Letter
Noncompete agreements between employers and their employees traditionally are governed by state law. But that didn’t stop the Antitrust Division of the U.S. Department of Justice (DOJ) from recently filing a statement of...
The National Labor Relations Board’s (NLRB) upcoming decision in Stericyle, Inc., may affect how it assesses the lawfulness of employer work rules and handbook policies in both union and nonunion workplaces. The Board’s...
A union local president in Las Vegas was removed from office because of alleged financial irregularities and later filed two lawsuits asserting roughly the same claims against the same parties. Read on to learn how they...
Almost every employment arbitration agreement is provided on a take-it-or-leave-it basis, so it will be deemed procedurally unconscionable. It makes matters much worse if you provide a Spanish-speaking employee with an...
The Americans with Disabilities Act (ADA) applies only to employers with 15 or more employees. Even when an organization has a smaller number of workers, however, an individual can file an ADA claim by showing the...
California’s Private Attorneys General Act of 2004 (PAGA) allows employees to file lawsuits as “private attorneys general” over California Labor Code violations. In other words, a current or former employee may go to...
California is among the first states to propose regulating employers’ use of algorithms and artificial intelligence (AI). In a recent virtual public meeting, the California Fair Employment and Housing Council discussed...
Let’s say you have a superstar employee who brings you money and prestige. He is nominated for a top industry prize for his performance the previous year and attends the awards dinner. During the program, the master of...
California is among the first states to propose expressly regulating employers’ use of algorithms and artificial intelligence (AI). In a March 25, 2022, virtual public meeting, the California Fair Employment and Housing...
Apparently, the “science” changed. And fast. In the blink of an eye, Governor Kathy Hochul and New York City (NYC) Mayor Eric Adams, citing reduced risk from COVID-19, lifted mask mandates covering many employers and...
Viewed as a risk mitigation tool, arbitration clauses are included in employment contracts and policies to route employer/employee disputes to a private forum and outside of the courthouse. Employers are attracted to...
Q Can you clarify whether we must pay employees overtime if their 40 straight-time hours include paid time off (PTO) and then they work above that 40 hours? A Starting with the basic overtime law under the Fair Labor...
Q An employee will need time off to attend out-of-state court hearings to request custody of her granddaughter. Would her leave fall under Family and Medical Leave Act (FMLA) protection? A If the employee is otherwise...
Q Our COVID-19 policy calls for vaccination or testing and masking “at all times.” We made a verbal offer to a candidate for a position requiring travel to trade shows, but when she learned about our vaccine-or-test...