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
Ninth Circuit Reverses District Court in Ashley Judd v. Harvey Weinstein
On July 29, 2020, the Ninth Circuit in Ashley Judd v. Harvey Weinstein unanimously reversed the district court’s ruling that Judd could not proceed with her sexual harassment claim against… CONTINUE
Firing Employees Based on Sexual Orientation or Gender Identity
On June 15, 2020, the Supreme Court in Bostick v. Clayton ruled that employers cannot fire an employees based on their sexual orientation or gender identity under Title VII of… 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 Discrimination & Systemic Racism in the U.S.
The nation—in fact, the world—has reached a new level of collective consciousness of systemic racism in the United States. For the first time, the United States may be forced to… CONTINUE