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
Working From Home + Homeschooling – A Journey During A Pandemic
I’ve been working from home since March 16, 2020 when my children’s school closed. I am not alone – with the COVID-19 pandemic and safer at home orders, many employees across the country have been working from home. While restrictions may be easing, without schools reopening, many parents are balancing their roles as teachers, parents,
The Fourth Circuit Holds that Fire Captains Are Non-Exempt Employees Under the FLSA Because Their Primary Job Duty Is Being a First Responder
The United States Court of Appeals for the Fourth Circuit (covering such east coast states as Virginia, West Virginia, and Maryland) recently held that a group of fire Captains are entitled to overtime under the FLSA because their primary duty is being a first responder. The case, Morrison v. County of Fairfax, Virginia, was
Automatic Deduction Policies – How to Ensure They Comply with the FLSA
Many employers have chosen to implement “auto-deduct” policies, which automatically deduct a set amount of time each day or shift for an employee’s meal break. While the Department of Labor has stated that automatic deductions are lawful under the Fair Labor Standards Act (FLSA), these policies may run afoul of basic FLSA principles if employers