Over the summer, a California court of appeal upheld a jury verdict in favor of a former senior VP who was discharged after his former employer had investigated and substantiated allegations of instructing subordinates to...more
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
California Governor Newsom recently signed A.B. 2257 into law. The new law further changes California’s law concerning classifying workers as employees or as independent contractors. Last year, California “clarified” its law...more
While Arizona Governor Doug Ducey extended the majority of Arizona’s “Stay Home, Stay Healthy, Stay Connected” policy through May 15, 2020, the new executive order allows certain nonessential retailers to gradually reopen...more
Sherman & Howard attorney Lindsay Hesketh provides a brief overview of the paid sick leave and expanded FMLA provisions under the Families First Coronavirus Response Act, effective April 1, 2020....more
This presentation provides a brief overview of common employment issues Arizona companies are currently facing as they navigate the unforeseeable consequences COVID-19 has had on their businesses....more
3/31/2020
/ Contract Terms ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Executive Orders ,
Exempt-Employees ,
Families First Coronavirus Response Act (FFCRA) ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Impossibility ,
Impracticability ,
Minimum Wage ,
Non-Exempt Employees ,
Paid Leave ,
Paid Time Off (PTO) ,
Pay Reductions ,
Qualifying Exigency Leave ,
Severance Pay ,
Sick Leave ,
Unemployment Benefits ,
Vacation Leave ,
Wage and Hour
A staffing company (Company A) got into hot water with the DOL for failing to pay overtime. Scalia v. Employer Solutions Staffing Group, LLC, No. 18-16493 (March 2, 2020). The employees at issue were placed by a second...more
A former employee who transitioned to female during her employment brought claims of hostile work environment, discriminatory termination, and retaliation under Title VII. The complaint alleged multiple instances of coworkers...more
The Fifth Circuit recently affirmed summary judgment against an employee caught sleeping at his desk. A personnel manager for a security company suffered from Type II diabetes and had previously requested and received...more
A company providing services to the Colorado marijuana industry recently moved to dismiss an employee’s claims under the Fair Labor Standards Act. The company argued that the court lacked jurisdiction over the claim because...more
Beginning on January 1, 2020, Nevada will require private employers with 50 or more employees to provide their employees with paid leave. Covered employers must allow employees to accrue paid leave at a rate of .01923 hours...more
A correctional officer will be going to trial against her former employer in the District of Arizona on hostile work environment claims. The plaintiff alleged multiple instances of harassment, including being the target of...more
Last week, the Fifth Circuit held firm in its position that “Title VII in plain terms does not cover ‘sexual orientation.’” In a slightly different iteration, plaintiff sued her former employer alleging that defendant had...more
In early 2014, a union protest began in a small town. On its second day, a town code enforcement officer took issue with one notorious protester—Scabby the Rat, an inflatable 6- to 25-foot rat balloon symbolizing union...more
A medical marijuana cardholder and her employer went to court. The employer had a policy prohibiting employees from working under the influence of marijuana and fired the cardholder when her drug test (taken after a workplace...more
U.S. Courts of Appeals are split over whether Title VII prohibits discrimination on the basis of sexual orientation and/or transgender status. A judge on the Fifth Circuit Court of Appeals recently offered his explanation for...more
A federal District Court in Michigan recently found that a plaintiff had presented enough direct evidence of age discrimination to merit a trial. The plaintiff worked as a member of defendants’ kitchen staff for about two...more
An October 12, 2018 Order from the District Court of Arizona reminds employers to include the appropriate “at-will” language and disclaimers of contractual intent in their employee handbooks.
A former employee brought 11...more
In a 2-1 decision, the 8th Circuit recently ruled the government’s press release announcing it “found” violations of law against an employer, although false, did not materially breach its settlement agreement with the...more
While investigating defendant La Piedad’s FLSA compliance, the Department of Labor subpoenaed, among other things, documents with the names and addresses of other businesses owned by defendant’s shareholders. La Piedad...more
The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law. On April 25, 2017, the Court dismissed a proposed class action brought by a former...more