Many kids and adults alike look forward to summer all year. Summer means longer days, more ice cream, and no school. However, summer can also mean challenges for employers. Though the issues discussed below can come up any time of …
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New Regulations Give Applicants and Employees with Criminal History a Fresh Start; Employers Should Take a Fresh Look at their Decision-Making Practices
Posted in Employment
California’s Department of Fair Employment and Housing (“DFEH”) revised an existing regulation and adopted a new regulation regarding employers’ use of employees’ and applicants’ criminal history in employment decisions, effective July 1, 2017.
Restrictions that are specific to the use …
Political Discussions in the Workplace
Posted in Employment, Workplace Policies
Even though the 2016 Presidential election is almost four months in the rear view mirror, controversy continues, with the news each day describing what looks like a three ring circus in Washington D.C. Pundits have opined that our country is …
“I Don’t Feel So Good” – Protecting Employees from Illness in the Workplace During Cold and Flu Season
Posted in Employment
The holiday season is behind us, but we are still in the thick of cold and flu season. It seems like everyone you pass on the street or stand next to on the bus is sneezing, coughing, or blowing their …
Six Statutes for the New Year
Posted in Employment
As 2017 kicks off, employers should be aware that a number of new state-wide laws and local ordinances begin taking effect. In this blog, we highlight just a few that California’s public employers should now be implementing.
Seeing Green in …
California Supreme Court Decides Landmark Case on Mandated Rest Breaks
Posted in Employment
This blog post was authored by Jeffrey C. Freedman.
California law requires employers in most private businesses to allow employees to take breaks, or rest periods, of at least ten minutes for roughly each four hours of work. Can …
Holidays and the Workplace: Be Merry or Bah Humbug
Posted in Employment, Workplace Policies
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 …
Third Annual Review of Unbelievable Employment Cases
Posted in Employment
Yes, these are real cases involving real people.
Everyone in Southern California Would Need to be Accommodated If This Were a Disability
A former employee in New Jersey sued her employer for wrongful termination after she requested an accommodation for …
Can California Employers Require Employees To Pass On Marijuana Even If It’s Legalized On Election Day?
Posted in Employment, Workplace Policies
This post was authored by Megan Lewis.
Twenty years ago, California became the first state to legalize medical marijuana. Since then, numerous other states have legalized marijuana for medicinal use. What about more general legalization? Though a previous attempt …
You’re Ready for the Election to Be Over. But Are You Ready for Election-Related Employment Issues?
Posted in Employment
Every election has its share of controversy and hot-button issues; the 2016 election, however, is a spectacle the likes of which few of us have ever seen. It is inevitable that employees will talk about the election in the workplace, …
Three Common Pitfalls in the Reasonable Accommodation Process
Posted in Employment
The Reasonable Accommodation Process continues to be an important issue for public sector employers. Under the ADA and FEHA, the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential …
Employers, Prepare for the Wave of Unequal Pay Litigation
Posted in Employment, Workplace Policies
Dear Human Resource Managers (and other interested management):
How many times has an employee complained to you that he or she was not being paid fairly? Certainly, at least once and possibly more. What was your impression of the complaint? …
FBOR ‘Performance of Official Duties’ – Seibert v. City of San Jose Addresses What this Provision Means, Although Questions Remain
Posted in Employment, Public Safety Issues
Recently, the California Court of Appeal published its first case interpreting the unique provision of the Firefighters Procedural Bill of Rights Act (FBOR) limiting the statute’s procedural employee protections “to the events and circumstance involving the performance of official duties.” …
Revisiting Transgender Employment Issues
Posted in Employment
Quite a bit has changed since we last visited this topic generally in 2014. Approximately eighteen states and over 200 municipalities ban gender identity discrimination. Indeed, for several years, California’s Fair Employment and Housing Act has prohibited discrimination on …
The DFEH Issues New Guidance on Transgender Rights in the Workplace
Posted in Employment
In February 2016, the California Department of Fair Employment and Housing (DFEH) issued an “FAQ for Employers” on transgender rights in the workplace.
The Fair Employment and Housing Act (FEHA) bans discrimination on the basis of “sex, gender, gender identity, …
New DFEH Regulations Effective on April 1, 2016, Cover Wide Range of Employment Discrimination and Leave Protections Under FEHA
Posted in Employment
By Gage C. Dungy and Joshua Goodman
The Department of Fair Employment and Housing (“DFEH”) has released amendments to a number of its regulations that will become effective on April 1, 2016. In general, many of the updates bring …
Yes, You Can Discipline an Employee Even Though He Filed a Workers’ Compensation Claim
Posted in Employment
Employers often worry, for good reason, that they are unable to take an adverse employment action against an employee who has made a claim for workers’ compensation. But, if an employer is prepared for the inevitable 132a discrimination charge, employees …
Dating in the Workplace: Roses are Red, Violets are Blue, If Coworkers Date, You Might Be Sued
Posted in Employment, Workplace Policies
With Valentine’s Day just behind us, cupid may have left a few arrows in the workplace. People spend a lot of time at work and even more time at office lunches and happy hours, so it is not uncommon for …
Justice Antonin Scalia (1936-2016)
Posted in Employment
U.S. Supreme Court Justice Antonin Scalia died at the age of 79 on Saturday, February 13, 2016. Known for his sharp turns of phrase and his conservative viewpoint, Justice Scalia was frequently controversial. His jurisprudence over 30 years on the …
Five First Amendment Issues to Watch in 2016 – Public Employment and Education
Posted in Education, Employment, First Amendment
An unprecedented number of protests – at educational institutions and in city streets – occurred nationwide last year, and protests continue to serve as focal points for public attention and debate going into 2016. The legal realm concerning free speech …
Does My Agency’s Absence Control Policy Comply with California’s New Kin Care Leave Laws?
Posted in Employment
In recent years, many California public agencies of all sizes have developed absence control policies to manage employee abuse of sick leave and other types of leaves. Generally speaking, these policies track each employee’s leave usage and establish various procedures, …
Help! My Employee Is a Pill Popper
Posted in Employment, Workplace Policies
While this is not the first time a “war on drugs” has been politicized, the new war in 2016 is different than President Nixon’s 1971 declaration of war on drugs and Nancy Reagan’s 1981 “just say no” campaign. The 2016 …
Court Finds That Checking Emails After Hours Is “Work,” But Officers Fail To Show That Their Department Knew or Should Have Known About It.
Posted in Employment
This blog post was authored by Danny Y. Yoo.
Many parents are vigilant in monitoring their children’s “screen time” to limit the child’s exposure to handheld devices, such as iPads. They will often implement rules, such as “No phones …
Holidays and the Workplace: Don’t Have Yourself a Merry Little Lawsuit
Posted in EmploymentThe holiday season is a festive time to be shared with family, friends and even co-workers. Many employers also join in the celebrations by allowing employees to put up decorations and exchange gifts. Employers also like to host holiday parties …