The Interactive Process Dance, Part Two: What Happens When the Music Stops?
Part one of this two-part series covered the details of the interactive process in California and discussed a scenario in which the employee fails to respond to the employer’s attempts to communicate...
View ArticleThe Interactive Process Dance, Part One: What Happens When the Music Stops?
Introduction California employers are not only required to refrain from discriminating against any employee on the basis of disability, but they also have an obligation to provide “reasonable...
View ArticleFifth Circuit Declines to Clarify When an Employment Action is “Adverse”...
When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated,...
View ArticleD.C. Joins the “Ban the Box” Trend and Enacts the Fair Criminal Record...
The primary initiative of the “Ban the Box” nationwide campaign is to persuade employers to remove the “check box” asking applicants if they have a criminal record from their hiring applications. The...
View ArticleWisconsin is Really Open for Business: Governor Signs New Right-to-Work Law
Wisconsin Governor Scott Walker’s motto is that Wisconsin is “open for business,” and he means it. On March 9, 2015, Governor Walker signed into law Senate Bill 44, which made Wisconsin the 25th...
View ArticleRecent Illinois Federal Court Rulings Cloud Fifield’s Bright-Line Test
Two recent rulings in the Northern District of Illinois, Eastern Division and the Central District of Illinois, Peoria Division, have further blurred the “bright line” two-year consideration rule...
View ArticleAmendments to D.C. Accrued Sick and Safe Leave Act Creates New Hurdles for...
The District of Columbia’s Accrued Sick and Safe Leave Act of 2008 (ASSLA), which requires employers to provide paid leave to employees for their own or a family member’s illness as well as in certain...
View ArticleThe D.C. Wage Theft Law’s Next Steps: DOES Issues Notice and Template
The District of Columbia’s Wage Theft Prevention Amendment Act of 2014 (2014 WTPAA) went into effect on February 26, 2015, after completing congressional review. In an effort to promote compliance with...
View ArticleThe District of Columbia Council Passes Its Own Wage Theft Prevention...
The Council of the District of Columbia passed the Wage Theft Prevention Amendment Act (WTPAA) of 2014 which then mayor Vincent C. Gray signed in September 2014. Pursuant to the District of Columbia...
View ArticleNew District of Columbia Pregnancy Accommodation Statute to Become Effective...
Barring adverse congressional review, the District of Columbia’s Protecting Pregnant Workers Fairness Act of 2014 (PPWFA) will become effective on March 3, 2015. The new statute gives pregnant workers...
View ArticleCalifornia Labor Commissioner Revises Sick Pay Notice Obligation
As the July 1, 2015 deadline for employers to implement California’s new paid sick leave law approaches, employers are finding a number of ambiguities in the law that make it challenging to implement....
View ArticleVirgin Islands Supreme Court Issues Important Decision for Employers
On February 6, 2015, the Supreme Court of the Virgin Islands issued a decision that addresses several aspects of territorial laws prohibiting discrimination and limiting the permissible reasons for...
View ArticleNew Year’s Resolution for Missouri Employers: Arbitration Agreements In Light...
Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the...
View ArticleIndependent Contractor . . . or Not? DOL and Wisconsin DWD Team Up to Reduce...
On January 20, 2015, the U.S. Department of Labor (DOL) announced that Wisconsin had become the latest state to join the “Misclassification Initiative,” which is designed to protect the rights of...
View ArticlePAGA Representative Claims Remain Alive After SCOTUS Denies Iskanian Review
This morning, the Supreme Court of the United States declined review of a state supreme court case that has sparked widespread flux in the landscape of class action arbitration waivers in California....
View ArticleNew Year’s Resolutions for the California HR Manager
So what’s it going to be for 2015? Get up and run three miles every morning? Finally pay off those credit cards? Learn to speak French? Before you finish the list of New Year’s resolutions, consider...
View ArticleMisclassification Initiatives Spread As Florida Signs Formal Pact with DOL
On January 13, 2015, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Florida Department of Revenue’s General Tax Administration (FDOR) entered into a memorandum of understanding...
View ArticleCity of Chicago Expands “Ban the Box” Law to Smaller Employers and City Agencies
Effective January 1, 2015, the City of Chicago expanded the coverage of Illinois’s “ban the box” law within city limits. The amended Human Rights Ordinance, Section 2-160-010 of the Municipal Code of...
View ArticleAmendments to Illinois’s Eavesdropping Statute Signed Into Law
On December 30, 2014, Illinois Governor Pat Quinn signed Senate Bill 1342 into law, amending the Eavesdropping Article of the Illinois Criminal Code (720 ILCS 5/14) that was struck down by the Illinois...
View ArticleFifth Circuit Adopts Standard in Disability Cases That Will Make it Harder...
In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability...
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