What is currently considered to be a Schedule I substance with “a high potential for abuse and the potential to create severe psychological and/or physical dependence” and “no currently accepted medical use” may soon be...more
The Americans with Disabilities Act (ADA) recognizes that an employee or applicant who is currently engaging in the illegal use of drugs (prescription or otherwise) is not a “qualified individual” with a disability....more
7/24/2018
/ Adverse Action ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Opioid ,
Permanent Injunctions ,
Prescription Drugs
A federal appellate court recently held that an employer did not violate Title VII of the Civil Rights Act when it discharged an employee shortly after she informed her manager that she was pregnant. According to the Fifth...more
3/14/2016
/ Audio Recording ,
Ban the Box ,
Criminal Background Checks ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
LGBTQ ,
Minimum Wage ,
NLRB ,
Retaliation ,
Title VII ,
Wage and Hour ,
Whistleblowers
The news reports that more and more companies are moving to offer unlimited vacation time. On its face, this policy change appears to be a generous offer by employers to boost employee morale and attract top talent, but there...more
In 2015, the California legislature undoubtedly took aim at employers with piecemeal legislation covering everything from cheerleaders (who are now employees by statute) to gender-based pay differentials—the latter with what...more
12/15/2015
/ California Family Rights Act (CFRA) ,
DLSE ,
E-Verify ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
FEHA ,
Gender-Based Pay Discrimination ,
Healthy Workplaces Healthy Families Act 2014 ,
Minimum Wage ,
On-Duty Meal Period Waivers ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA)
In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more
Employers can finally exhale a small sigh of relief.
On February 7, the California Supreme Court decided the issue of whether the “mixed-motive” defense applies to employment discrimination claims under the California...more
On February 7, 2013, the California Supreme Court issued a long-awaited decision on whether the “mixed-motive” defense applies to employment discrimination claims under the California Fair Employment and Housing Act (FEHA)....more
New pregnancy regulations proposed by the Fair Employment and Housing Commission (FEHC) were approved on November 30, 2012. The changes to the California Fair Employment and Housing Act (FEHA), which applies to employers with...more