Employment litigation can be expensive and time consuming. Success or failure in defending your company can turn on either the law or the facts. You can’t do too much to change the law that applies to any given case. But...more
Anytime I ask a client if the Company has executed job descriptions for each one of its employees, I am always met with a similar crass response, that goes something like this...more
The Need to Correctly Classify Employees -
Why it matters: Providing a $1.25 million lesson in the importance of correctly classifying employees, the Oakland Raiders settled a lawsuit brought by the team’s cheerleading...more
Have you ever heard of a “career moment”? A career moment is defined as a moment in an employee’s career that represents some form of major change.
Last week we hosted two regional events, one in Chicago and one in...more
According to the US Department of Labor employment litigation has increased by over 400% in the last two decades.
Federal and state discrimination laws have expanded, giving employees more opportunities to challenge...more
All too often, once a candidate is hired for a position, job descriptions are filed away and rarely referred to until it is time to recruit for the position again. Because an employee’s job duties often evolve over time,...more
Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more
In Lewis v. Activision Blizzard, Inc., No. 4:12-cv-01096-CW (N.D. Cal. Oct. 17, 2013), an employee of Blizzard brought suit against the company for copyright infringement, alleging ownership of voiceover work used in the...more
If an employer has the foresight to address all meaningful terms of the employment relationship in offer letters to candidates, the employer may be satisfied to rely on those offer letters as binding contracts. But most of...more
A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more
The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to...more
In October 2011, the California Fair Employment and Housing Commission (FEHC) proposed amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair...more
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