The past two years have challenged employers’ resilience and adaptability in our rapidly-changing workplaces. One such change was the explosion of remote work, which swept across workplaces throughout the country and in some cases, landed a permanent position at the hiring table. As employers adapt to the increasing prevalence of remote work, one important question
"Employment Law"
Your Employee Is On-Call, But Is Your Employee “Working”?
This article was originally published in February 2015. The information has been reviewed and is up-to-date as of August 2021.
The term “on call pay” is subject to various interpretations. There is on-call pay where an employer pays an employee a flat rate or small hourly amount to be available to the employer, such as…
Annual Review of the Strange and Unusual Employment Cases
Once again we take a look at the truly odd and remarkable employment cases from near and far.
Tweet the Gift Horse in the Mouth and You Might Be Shown the Door
An American company’s annual holiday gift to Canadian employees was a bottle of barbeque sauce and a grill scraper. One of the employee…
The U.S. Supreme Court Rules That Title VII Protects LGBTQ Workers
On June 15, 2020, the United States Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay and transgender employees from discrimination. The Court’s decision was 6-3 and the opinion was authored by Justice Gorsuch, who was joined in the decision by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and…
Equal Employment Opportunity Commission Issues New Guidance Authorizing Employers to Test Employees for COVID-19
On April 23, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance concerning the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act and how employers may respond to the public health emergency caused by COVID-19. The EEOC makes clear that while the laws will continue to apply during the present public health emergency,…
Guide to Understanding the Pandemic Emergency Unemployment Compensation (“PEUC”) Program under the CARES Act
Note: This is the second of a two-part series concerning federal unemployment assistance. You may access the first bulletin here.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established several programs to expand unemployment assistance to…
Ensuring that Employees with Reduced Hours Qualify for Federal Pandemic Unemployment Compensation (“FPUC”) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)
Note: This is the first of a two-part series concerning federal unemployment assistance.
On March 27, 2020, President Donald J. Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established two programs to expand unemployment assistance to workers who lose their jobs…
Determining the Employees Essential to Your Agency’s Function and Complying with Executive Order N-33-20
On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 (“Order”), which effectively imposed a statewide shutdown of non-essential business and governmental operations. This Special Bulletin was updated on April 6 to reflect the most current guidance and orders.
The analysis provided in this Bulletin relies on an interpretation of the term “essential”…
It’s That Time Again – A Look at the Truly Weird Employment Cases
Once again, the annual look at outlandish employment cases that should make you all think, “It could be worse.”
No Pot of Gold at the End of This Rainbow
The former aide of a state senator (amazingly not California) submitted a complaint to the state’s division of human rights, complaining that the state senator directed…
2019 Public Sector Employment Law Conference – Registration Now Open!
Registration is now open for the Annual Liebert Cassidy Whitmore Public Sector Employment Law Conference, which takes in Palm Desert on Thursday & Friday, January 24-25, with an optional pre-conference session on Wednesday, January 23. The conference is geared towards Public Agency Management and includes a variety of informative and engaging presentations that offer practical…