In Cadena v. Customer Connexx LLC, decided on July 10, 2024, the United States Court of Appeals for the Ninth Circuit (which includes California) recently affirmed the applicability of the “de minimis” doctrine, which provides that under the Fair Labor Standards Act (FLSA) employers are not required to pay wages for work performed before or
Alison Kalinski
What Employers Need to Know about California’s New Reproductive Loss Leave Law
It was Friday July 5, 2013. I was sitting in my doctor’s office. I was desperately hoping I was fine, but had a sinking feeling I was having a miscarriage. The doctor’s office was packed because it was closed the day before. I was anxious, scared, and had a current of emotions coursing through me.
Raines v. U.S. Healthworks Medical Group Rains Down Liability Under FEHA To Business-Entity Agents
On August 21, 2023, the California Supreme Court’s decision in Raines v. U.S. Healthworks Medical Group significantly expanded the scope of potential liability under the Fair Employment and Housing Act (“FEHA”) to an employer’s business-entity agents that have five or more employees.
Case Background and Analysis
Plaintiffs Kristina Raines and Darrick Figg brought a class…
Don’t Stay Silent In An Era of Quiet Quitting
What is “quiet quitting?” After a recent tiktok post went viral, as described below, quiet quitting has been all over social media and the internet. A google search on “quiet quitting” turns up 315,000,000 hits! But what exactly is quiet quitting, where did it come from, and what should public agency employers do about it?…
The Government’s Flagpole or the Public’s? The U.S. Supreme Court Rules Against Boston in First Amendment Case
When does a City create a public forum for speech under the First Amendment? When can a City restrict which flags fly on a City flagpoles? When can a City limit religious speech under the First Amendment? The United States Supreme Court addressed these questions in its unanimous decision in Shurtleff v. City of Boston…
Masks May Come Off, But Is Remote Litigation Here To Stay?
After two years of the Covid-19 pandemic, things are looking optimistic in California. Covid case numbers and hospitalizations are declining and mask requirements are loosening. For many, myself included, this is great news and a much needed “return to normal.” At the same time, however, the pandemic brought some changes to our lives that we…
Litigating During a Pandemic
This article was originally published in October 2020. The information has been reviewed and is up-to-date as of November 2021. Though the state of California is now opening up increasingly due to improving pandemic numbers, the details included in this blog continue to serve as helpful tips during this time.
I moved to Los Angeles…
What To Do When Employees Decline COVID-19 Vaccinations?
One year after the public health emergency caused by COVID-19 began, hope is on the horizon as vaccine production and distribution increases and eligibility criteria for vaccinations expands. With many employees teleworking during the pandemic, employers are starting to consider post-pandemic working arrangements, including the return of employees to the workplace. As employers think about…
I’m Stressed Out! Can I Bring My Dog to Work?
Employers know they need to accommodate a disabled employee’s request to bring a service dog to work. However, what happens when employees claim they are stressed and need to bring their dog to work for emotional support? Here are the top five questions on emotional support dogs:
1. Do we need to allow an employee…
The U.S. Supreme Court Rules That Title VII Protects LGBTQ Workers
On June 15, 2020, the United States Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay and transgender employees from discrimination. The Court’s decision was 6-3 and the opinion was authored by Justice Gorsuch, who was joined in the decision by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and…