Many employment settlement agreements include a non-disparagement clause that prohibits one party from spreading lies or rumors and disparaging the other party. A pending California bill (Senate Bill 331) may threaten the...more
Now that we have been sheltering in place for close to two months, most of us are eagerly waiting for life to return to “normal.” We all want our businesses to thrive and to become fully operational again. However, we know it...more
5/11/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Coronavirus/COVID-19 ,
FEHA ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Work Schedules ,
Workplace Safety
Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more
1/2/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
1/2/2020
/ Adjudicatory Process ,
Adverse Employment Action ,
Appeals ,
Defense Strategies ,
Department of Corrections ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Failure to Accommodate ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
Performance Reviews ,
Resignation ,
Retaliation ,
Sexual Harassment
Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected...more
10/25/2019
/ Cause of Action Accrual ,
DFEH ,
Employer Liability Issues ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Labor Regulations ,
New Legislation ,
Race Discrimination ,
State and Local Government ,
State Labor Laws
In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more
10/21/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
FEHA ,
Hiring & Firing ,
Labor Regulations ,
Motion to Compel ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more
10/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
Employee lawsuits for wrongful termination often allege claims for violating the Fair Employment and Housing Act (FEHA) and public policy. The public policy claim, often referred to as a “Tameny” claim, is based on a...more