Governor Gavin Newsom signed Assembly Bill 45 (“AB 45”) into law on October 6, 2021.  AB 45 is landmark legislation for the Cannabidiol (“CBD”) and hemp infused product industry in California.  CBD and hemp infused products became widely available across the country following the federal government’s adoption of the Agriculture Improvement Act of 2018.  Recreational

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

When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement.  What makes matters more complicated is that the definition of disability is not the same under each law.  So, while a medical condition may meet

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

This post was authored by Sarah R. Lustig.

A recent case is a good reminder to employers that scent and chemical sensitivities can indeed be considered a disability subject to the protections of the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA).  John Barrie (Barrie) suffers from allergic sensitivities

La_city_hwysFans of the late night television show Saturday Night Live probably have seen the recurring sketch called, “The Californians.”  “The Californians” is a soap opera, and the characters portray Californian stereotypes, such as poking fun at the way Californians speak and drive and their obsession over traffic.  One of the recurring jokes is that Californians

Leave RequestLeaves of absences are one of the most complex and frustrating areas of personnel management that public agency employers face.  There are several complex, overlapping, and intersecting laws to apply and navigate.  In many situations, it is difficult for the agency to determine its rights and obligations.

Employers must determine if a leave is protected

Medical LeaveLast week, in Higgins-Williams v. Sutter Medical Foundation, the Court of Appeal of the State of California, Third Appellate District, upheld the trial court’s granting of summary judgment for an employer where it determined that an employee’s inability to work for a particular supervisor, because of anxiety and stress related to the supervisor’s standard

EEOC SealThe 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