Most people are familiar with the regular 5-day, 40-hour workweek. Did you know there are alternatives to this “standard” schedule, including the popular 9/80 schedule? Although this schedule can provide increased work-life balance and flexibility for your employees, it has some serious pitfalls that can be costly for your agency. Read more about these common

Elizabeth Arce
Elizabeth Arce is an experienced litigator who is licensed to practice law in California and New York. Her background includes litigating labor and employment cases in both state and federal court, as well as before administrative agencies including the U.S. Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing. Elizabeth has successfully represented employers in various employment matters ranging from single plaintiff lawsuits to wage and hour class and collective actions. Her litigation experience includes numerous successful summary judgment motions, defeating class certification, and decertifying collective actions. Elizabeth's litigation practice also includes preparation of appellate briefs in both state and federal appellate courts.
Balancing Conflicts Between Work And Religion
This post was authored by Elizabeth T. Arce.
In December 2011, a Macy’s employee was fired because she refused to allow a teenage transgender customer use of the women’s dressing area. Natalie Johnson, who worked at a Macy’s in San Antonio, Texas, watched the teenager shop in the women’s department. When Johnson saw the…
Performance Evaluations: Why It’s A Good Thing For Public Employers
In the corporate world, the practice of giving annual performance reviews to employees has come under attack in recent years. Leading business magazines and newspapers have printed articles advocating for the elimination of performance evaluations. There are even books in the marketplace that teach companies how to get rid of performance reviews. Among the reasons…
Holidays and the Workplace: Be Merry or Bah Humbug
Ready or not, the holidays are here. Not only are the holidays a time to reflect on the passing year, but also a time full of fun, festive celebrations. As you get ready for this season’s festivities at work, make sure to keep in mind following tips that can help your agency stay in the…
Designating FMLA Leave in the Aftermath of Escriba v. Foster Poultry Farms
When the Ninth Circuit Court of Appeals, which covers California, issued its decision in Escriba v. Foster Poultry Farms last year, the decision was viewed as a victory for employers. Now, however, the decision is raising more questions than answers as employers struggle with designating FMLA leave.
In Escriba, an employee declined to use…
Performance Evaluations: Why It’s A Good Thing For Public Employers
In the corporate world, the practice of giving annual performance reviews to employees is under attack. Leading business magazines and newspapers have printed articles advocating for the elimination of performance evaluations. There are even books in the marketplace that teach companies how to get rid of performance reviews. Among the reasons for eliminating annual evaluations…
9th Circuit Says Control Is Key In Determining Independent Contractor Status
Many public agencies supplement their workforce with independent contractors. Since independent contractors who perform services are not employees, agencies do not have to pay them according to the requirements of the Fair Labor Standards Act (FLSA). If the contractor does not meet the qualifications for “independent contractor” status, the worker must be treated as an …
Disability Related Inquiries Should Be Reviewed for ADA and GINA Compliance In Light of EEOC Informal Letters
The EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees. Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations. In these informal letters, the EEOC reviewed the agencies’ fitness for duty exam forms and…
Is Working From Home Really a Reasonable Accommodation?
This was the very question the U.S. Court of Appeals in Ohio was asked to consider in Equal Employment Opportunity Commission v. Ford Motor Company. The issue in this case is whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability. In a 2-1 split opinion, the…
What Happens in Vegas Might Be Covered by the FMLA
The FMLA provides an eligible employee the right to 12 workweeks of leave to care for the employee’s spouse, child or parent with a serious health condition. Consequently, employers generally grant employee requests to use FMLA leave when their family member receives medical treatment or undergoes a surgical procedure. What happens when an employee requests…