Photo of Brett A. Overby

Brett Overby has been an Associate in Liebert Cassidy Whitmore’s San Diego office since 2017.  Her experience centers on representing employers in the areas of labor, employment, and education.  Her experience with public agencies involves investigations, unfair practice charges, grievances, personnel policies, and collective bargaining agreements.

On September 18, 2022, Governor Newsom signed and approved Assembly Bill 2188 (“AB 2188”), which amends the California Fair Employment and Housing Act (“FEHA”) to generally prohibit an employer from discriminating against an employee or employment applicant for cannabis use off the job and away from work, which is a significant change to the

Since the COVID-19 pandemic first began, it has had a multitude of evolving impacts on the operation of the workplace.  One impact is the increased number of requests employers are receiving from employees for reasonable accommodations.  These increases are attributed to various factors, which have evolved as the pandemic has progressed.  At the outset of

On September 16, 2020, the California Supreme Court granted review of Boermeester v. Carry, a case involving the expulsion of student Matthew Boermeester from the University of Southern California (“USC”) for intimate partner violence in violation of USC policy after an investigation and a hearing.  The California Supreme Court’s review of the case is

On March 25, 2020, the Department of Labor (DOL) Wage and Hour Division released new content and guidance on its COVID-19 and the American Workplace website.  Among the new content, is the notice of employees’ rights under the Families First Coronavirus Response Act (FFCRA) that, according to the FFCRA, employees must “post and keep posted,

On March 14, 2020, at 12:51 am, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the House of Representative passed H.R. 6201, titled the Families First Coronavirus Response Act (the Act).  The bill will now move to the Senate, where it will be

This post appeared in November 2017.  It was reviewed in August 2022 to provide the most up-to-date legal information.

This principle used to be clear – paid administrative leave was outside the scope of adverse employment action.  This was based on court holdings that an employee suffers no substantial or material change in terms and