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FAAAA Preemption Continues to Zigzag Through California Courts
Federal preemption of California’s meal and rest break laws as applicable to truck drivers under the Federal Aviation Administration Authorization Act (the FAAAA) continues to zigzag through...
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Changes to FEHA Pregnancy Regulations
New pregnancy regulations proposed by the Fair Employment and Housing Commission (FEHC) were approved on November 30, 2012. The changes to the California Fair Employment and Housing Act (FEHA), which...
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Sixth Circuit Rules Employers Can Avoid Fiascos Like Romney’s “47%” Recording...
With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording....
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California’s New Disability Regulations Highlight the Importance of an...
Amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair Employment and Housing Act (FEHA) became effective on December...
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Florida Supreme Court Upholds Legislation Requiring Public Employees to...
Last week, the Florida Supreme Court upheld a 2011 law, Senate Bill 2100, requiring Florida’s public employees to contribute three percent of their pay to the Florida Retirement System (FRS). In Scott...
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Indiana’s Right-to-Work Statute Survives First Challenge While Court...
On February 1, 2012, Indiana became the 23rd “right-to-work” (RTW) state. Since that date, unions have filed two lawsuits in Indiana federal courts hoping to overturn the law on different grounds. One...
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Be a Super Sleuth—Part Two: Preparing for and Conducting Effective Workplace...
It is in every employer’s best interest to know when and how to conduct an effective and efficient workplace investigation. In the first part of this three part series—Be A Super Sleuth: Laying the...
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California Supreme Court Decision Clarifies Standard for Defending FEHA Claims
Employers can finally exhale a small sigh of relief. On February 7, the California Supreme Court decided the issue of whether the “mixed-motive” defense applies to employment discrimination claims...
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California Weighs In on Essential Health Benefits for Group Health Plans and...
As a reminder of the significant role that states will play in implementing the provisions of the Affordable Care Act (ACA), we wanted to highlight some recent legislative developments in California...
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Be a Super Sleuth—Part Three: Concluding Your Workplace Investigation
In the first part of this three-part series—Be A Super Sleuth: Laying the Framework for Effective Workplace Investigations—we provided a number of pre-investigation considerations for employers,...
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Engage—Before You Fire
Consider this scenario: An employee goes out on a leave of absence for anxiety. His doctor says he’s temporarily totally disabled. Then the leave gets extended because the employee is having problems...
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Indiana Supreme Court Allows Day Laborer’s Claim to Proceed Under Indiana...
If it walks like a duck, swims like a duck, and quacks like a duck—then you’d better have a pretty good argument if you don’t want the Indiana Supreme Court to call it a “duck.” The Indiana Supreme...
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Limits On Family Leave: Employees of the Same Employer
Both federal and state law provide employees leave for the birth or placement of a child and for bonding with a child after birth or placement. Under certain circumstances, employers may limit their...
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San Jose Minimum Wage is Now $10.00 Per Hour
On November 6, 2012, the City of San Jose approved a Minimum Wage Ordinance (MWO) that became effective on March 11, 2013. Under the MWO, the minimum wage for “covered employees” working within the...
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Disability Access Lawsuit Filed in Los Angeles Against Bed Bath & Beyond...
Earlier this week, on April 29, 2013, a man with hearing impairments filed suit against Bed Bath & Beyond alleging that it failed to provide captioning or a transcript for the product promotional...
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Postscript: To Compel Under the FAA or the MAA? That is the Question . . ....
In a previous post, I argued that in order to compel arbitration in Minnesota, an employer must attempt to come within the purview of the Federal Arbitration Act (FAA) and not just the Minnesota...
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Minnesota “Ban The Box” Legislation Update
Minnesota recently passed “ban the box” legislation, which will restrict private employers’ ability to ask about applicants’ criminal backgrounds on employment applications. Signed by the Governor on...
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Colorado’s New Credit Background Check Law to Go Into Effect on July 1, 2013
Colorado recently passed a new law regulating an employer’s use of credit background checks for applicants and employees. The new law goes into effect on July 1, 2013. Remember that Colorado state law...
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California Employers Beware: The Labor Commissioner Is Coming for You!
On May 22, 2013, California Labor Commissioner Julie Su, issued a report, State of the Division of Labor Standards Enforcement, which summarizes and evaluates the enforcement activity of the Division...
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Tennessee Attorney General Clarifies New “Guns in Trunks” Law
On July 1, 2013, a new law, 2013 Tenn. Pub. Act, ch 16, goes into effect in Tennessee allowing individuals with handgun carry permits to carry firearms and ammunition in their personal vehicles. This...
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