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California Update: New COVID-19 Laws

In addition to recent revisions to its legal tests for characterizing works as employees or as independent contractors (blog post available here), California has passed numerous other laws to respond to the COVID-19 pandemic....more

New EEOC Guidance on Pregnancy Discrimination

On July 14, the EEOC issued “Enforcement Guidance on Pregnancy Discrimination and Related Issues” along with a Q&A document about its Guidance, and a Fact Sheet for Small Businesses. ...more

The Supreme Court Unanimously Strikes Down NLRB Recess Appointments

The Supreme Court yesterday issued the long-anticipated decision in NLRB v. Noel Canning, unanimously affirming the D.C. Court of Appeals’ decision declaring President Obama’s recess appointment of NLRB Members Griffin,...more

How to Count HWEs

Former employees raise long lists of bad acts, going back years, to support claims for hostile work environment (“HWE”). How far back may an employee go for stories to support a HWE claim? All the way back. But only if the...more

Cussing Out The Boss May Be Protected

During a meeting about commissions and minimum wage and about his own and other sales peoples’ breaks, an employee lost his temper. In a raised voice he called his supervisors names, including “f***ing mother f***ing,”...more

Telecommuting Accommodation? It Depends!

In EEOC v. Ford Motor, Co., No. 12-2484 (6th Cir. April 22, 2014), the employee worked as a resale steel buyer — an intermediary between steel suppliers and companies that produce steel parts. She suffered from irritable...more

Don’t Forget Your Employees On Leave

Do you have an employee on long-term leave with a right to reinstatement? Is your business being acquired or bought out? Make sure you keep the employee in mind!...more

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