James  McDonald Jr.

James McDonald Jr.

Fisher & Phillips LLP

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Latest Publications


Death Threats Lead To Employer's ADA Victory

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

9/1/2015 - ADA Appeals Best Practices Disability Discrimination Dismissals Employer Liability Issues Essential Functions Hiring & Firing Medical Leave Termination Threats Work-Induced Stress Workplace Hazards

California Enacts "Fix-It" Legislation to Cure Ills of Paid Sick Leave Law

California’s paid sick leave law went into effect on July 1, 2015, but soon found itself in the emergency room with many unpleasant side effects. On July 13, Governor Brown signed AB 304 into law, which fixes many of the...more

7/15/2015 - Accrued Benefits Amended Legislation Employee Rights Employment Policies Healthy Workplaces Healthy Families Act 2014 New Legislation PTO Sick Leave

Come To Work And…Get Some Sleep?

Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well! How did we get to such an absurd point?...more

6/8/2015 - ADA Best Management Practices Corporate Counsel Employer Liability Issues Rest and Meal Break Wage and Hour

Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as...more

7/8/2013 - Age Discrimination Compliance Discrimination Employee Benefits Employee Rights Employer Liability Issues Employer Mandates Handbooks Health Insurance Healthcare Mental Health Mental Illness Psychological Counseling PTSD

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

1/12/2013 - Appropriate Business Decorum Costco Courtesy Policy Employee Handbooks Facebook Karl Knauz Motors NLRA NLRB Protected Concerted Activity Section 7 Social Media Social Media Policy

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