This post was authored by Victoria E. McDermott.

California’s new Ban-the-Box Law is now in effect, and employers across the state are questioning its impact on their hiring practices. Assembly Bill 1008, codified as section 12952 to the Fair Employment and Housing Act (FEHA), contains new state-wide restrictions on how an employer uses an

This post was authored by Erin Kunze and Heather DeBlanc.

1. Written Statement to Covered Individuals Now Due March 2, 2018 for the 2017 Calendar Year Reporting Period

The Internal Revenue Service (IRS) has issued an automatic, 30-day extension for applicable large employers to furnish IRS Forms 1095-B and 1095-C to covered individuals.  For

Last year, California voters passed Proposition 64 (“Prop 64”), making the recreational use and sale of marijuana generally permissible under California law.  Specifically, Prop 64 legalizes the use of marijuana for non-medical reasons by adults age 21 and over.  While Prop 64 made the use of recreational marijuana legal under state law as of

It is that time again. These are actual employment cases.  Really, they are.

Mad at your co-workers? Tell a friend, not Facebook

Jayne Brill sued her former employer and the Virginia Employment Commission because she was terminated and denied unemployment benefits. Brill was alleged to have violated the company’s social media policy when she made

The California Legislature recently passed AB 1487, which is now codified as Government Code section 20480.  The new law applies only to CalPERS agencies and limits the amount of time that an employee can work in an “out-of-class appointment” to 960 hours per fiscal year.

What is an “Out-of-Class” Appointment?

Section 20480, subdivision (f), defines

This post was authored by Peter J. Brown, Stephanie J. Lowe and Brett A. Overby

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

On October 12, 2017, Governor Jerry Brown signed into law AB 168, which will go into effect January 1, 2018 as Labor Code 432.3.  This new statute prohibits employers, in many circumstances, from attempting to obtain information regarding a job applicant’s salary history, or from considering that salary history in determining whether to offer employment

In April, we reported on the Seventh Circuit Court of Appeals decision in Hively v. Ivy Tech Community College of Indiana, which held that sex-discrimination under Title VII of the Civil Rights Act includes discrimination on the basis of sexual orientation.  Like the California federal trial court in Videckis v. Pepperdine University, the

This post was authored by Kristin D. Lindgren

Intro

Employers are well aware that employee disabilities can create mine fields due to the technical nature of disability discrimination laws.  Even the most well-intentioned employers can run into trouble.  But, what happens when the employer has recommended discipline of an employee, and the employee informs the

Religious diversity, including the protection of religious minorities, is a core American value, as shown by its prominent placement in the First Amendment of the U.S. Constitution, in the establishment and free exercise clauses.  California is, unsurprisingly, a leader in religious diversity.  Many religious believers adhere to, and find deep meaning in, religious observances including