Under California law, employees have the right to “a reasonable accommodation” for known physical or mental disabilities. Cal. Gov. Code § 12940 (m). This begs the question, what is a… CONTINUE
Proposition 22 (Part II) – Continued Litigation
As discussed in a July 8, 2020 blog post, Proposition 22, was a ballot initiative that changed the classification for app-based transportation and delivery drivers. On November 3, 2020 voters… CONTINUE
Protections for When Negotiating Your Pay
In 2017, understanding that pay disparities were exacerbated as employees moved further into their careers, Jerry Brown signed A.B. 168 into law. Central to the bills’ purpose was reducing the… CONTINUE
New Increases in Protection Under the California Family Rights Act
On September 17, 2020 Governor Gavin Newsome signed SB 1383, which expands job protection for individuals taking family and medical leave under the California Family Rights Act (CFRA). The law… CONTINUE
Employee Time Spent Undergoing Exit Searches Generally Requires Compensation
In Frlekin v. Apple, 2020 WL 5225699, the Ninth Circuit, in conjunction with the California Supreme Court, ruled that time spent waiting for and undergoing exit searches of bags qualified… CONTINUE
November Ballot Initiative Impacting App-Based Drivers
On November 3, 2020, California voters will have the option to vote yes or no on Proposition 22, which changes the classification of drivers for app-based transportation and delivery. The… CONTINUE
COVID-19 and Concerns about Age Discrimination
The Equal Employment Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including, but not limited enforcing a prohibition against discrimination based on age, over 40. Since the development of the COVID-19… CONTINUE
Employment Protections for Political Protesters in California
The California Constitution states “every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may… CONTINUE
Unemployment Benefits and Independent Contractors Misclassified
An employee who has been misclassified as an independent contractor will face multiple road blocks as they seek out unemployment benefits. The California Employment Development Department (“EDD”) generally offers unemployment… CONTINUE
Remaining Question – Comcast Corporation v. National Association of African American-Owned Media
In Comcast Corporation v. National Association of African American-Owned Media, (2020) 140 S.Ct. 1009, the Supreme Court resolved a circuit split regarding Plaintiff’s burden of proof when alleging a violation… CONTINUE