Earlier this month, the U.S. Equal Employment Opportunity Commission (EEOC) released two new documents addressing concerns about the employment provisions of the Americans with Disabilities Act (ADA) and opioid use. Employers...more
8/24/2020
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Drug Treatment ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Medication-Assisted Treatment (MAT) ,
New Guidance ,
Opioid ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
The window for getting up to speed on California Consumer Privacy Act requirements is rapidly closing. The state Attorney General’s final version of the regulations goes into effect on July 1. This article provides a...more
6/26/2020
/ California Consumer Privacy Act (CCPA) ,
Chief Compliance Officers ,
Compliance ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy
Betancourt v. OS Rest. Servs., LLC, No. B293625, 2020 WL 2570839 (Cal. Ct. App. Apr. 30, 2020) -
Summary: A plaintiff is not entitled to recover penalties for waiting time and wage statement violations based on claims of...more
6/9/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Equitable Estoppel ,
Labor Law Violations ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Third-Party Beneficiaries ,
Unpaid Wages ,
Wage and Hour
Last week, Governor Newsom signed Executive Order N-62-20 creating a presumption of workers’ compensation eligibility for California employees who have contracted or who later contract COVID-19 at any time since reporting to...more
The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...more
4/30/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Electronic Protected Health Information (ePHI) ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Medical Monitoring ,
Medical Testing ,
OSHA ,
Personal Protective Equipment ,
PHI ,
Pre-Employment Health Screenings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Rehabilitation Act ,
Sick Employees ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
The federal government has enacted extensive COVID-related legislation but left open the question of what industries, and which workers in those industries, are deemed “essential” during the pandemic. So far those decisions...more
Last week, Governor Gavin Newsom issued an Executive Order authorizing local governments to halt evictions and foreclosures, as well as prohibit utility shutoffs related to the same. Any provision of state law that would...more
Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more
1/10/2019
/ American Arbitration Association ,
Arbitration ,
Arbitration Agreements ,
Arbitration Procedural Rules ,
Arbitrators ,
Best Practices ,
Bodily Injury ,
Cal Code of Civil Procedure ,
Contract Drafting ,
Contract Terms ,
Defense Strategies ,
Discovery ,
Discovery Disputes ,
Document Productions ,
Evidence ,
Judicial Review ,
Litigation Strategies ,
Motion to Compel ,
Non-Parties ,
Sanctions ,
Subpoenas ,
Third-Party ,
Witnesses ,
Wrongful Death
This month's key California employment law cases are from the California Court of Appeals and The Court of Appeals for the Ninth Circuit.
Sumner v. Simpson Univ., No. C077302, 2018 WL 4579765 (Cal. Ct. App. Sept. 25, 2018)...more
10/17/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Breach of Contract ,
Civil Rights Act ,
Disability Discrimination ,
Employee Transfers ,
Employment Contract ,
First Amendment ,
Free Exercise Clause ,
Hiring & Firing ,
Ministerial Decisions ,
Professors ,
Religious Institutions ,
Reversal ,
State Labor Laws ,
Summary Judgment ,
Universities ,
Wrongful Termination
Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)-
Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more
3/8/2018
/ Advance Notice ,
Agency Relationship ,
Appeals ,
Audio Recording ,
Confidential Communications ,
Confidential Information ,
Emotional Distress Damages ,
Emotional Injury Claims ,
Employee Privacy Rights ,
Employment Discrimination ,
FEHA ,
Intent ,
Invasion of Privacy ,
Medical Leave ,
Medical Records ,
Motion for Summary Judgment ,
Negligent Hiring ,
Negligent Supervision ,
Penal Code ,
Personal Information Protection Act ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Torts ,
Reaffirmation ,
Recorded Work Calls ,
Reversal ,
State Labor Laws ,
Summary Judgment ,
Supervisors ,
Waivers
In the final days of 2017, the National Labor Relations Board (NLRB) nixed yet another Obama-Era decision, overruling a highly controversial decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934...more
This month’s key California employment law cases involve wage and hour issues, arbitration, and employment discrimination based on marital status....more
10/17/2017
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Civil Monetary Penalty ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Damages ,
Employment Discrimination ,
Hiring & Firing ,
Labor Law Violations ,
Marital Status ,
NLRA ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Wage and Hour ,
Wage Orders ,
Wage Statements
From Fox News to United Airlines to the “Trump Effect,” consumer boycotts are trending. But when do boycotts actually work, and how should business owners react?
The rise of instant media consumption certainly parallels...more
The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues.
- Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more
4/18/2017
/ Appeals ,
Class Action ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Hospitals ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
Minimum Wage ,
Nurses ,
Rest and Meal Break ,
Reversal ,
Sales Commissions ,
State Labor Laws ,
Statutory Rights ,
Unions ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour ,
Waiver of Rights