ARTICLE ARCHIVES

Absent health problems, obesity isn't ADA disability

05/30/2016
Merely being obese is not a disability under the ADA, a federal appeals court has ruled.

Special analysis: Severance policies may be ERISA plans

05/30/2016
As if you didn’t have enough to worry about with withholding and reporting taxes, federal appellate courts have recently chimed in on whether and how ERISA, the federal benefits law, applies to severance pay policies.

That didn't take long: GOP seeks to overturn rules

05/28/2016
Two efforts are already underway in Congress to block the Department of Labor’s new rules raising the white-collar overtime salary threshold.

Employers gain new weapon to protect their trade secrets

05/27/2016
President Obama last month signed into law the Defend Trade Secrets Act.

High Court sets clear constructive discharge rule

05/27/2016
The U.S. Supreme Court ruled on May 23 that the clock starts ticking on constructive discharge cases on the day the employee announces plans to resign, not the day an employer’s allegedly intolerable act occurred.

Business interests pan DOL rule doubling overtime salary threshold

05/27/2016
The Department of Labor’s May 18 announcement of final rules on white-collar overtime eligibility drew swift reaction.

Must we grant access to personnel records?

05/27/2016

Q. One of our former employees has asked to see his personnel file. Are we required to grant him access to it?

California's $15 minimum wage is here, compliance dates are coming

05/27/2016
In March, the California legislature approved the nation’s highest statewide minimum wage.

California paid family leave expansion becomes law

05/27/2016
Gov. Jerry Brown has signed legislation increasing the wage replacement rate under California’s paid family leave program.

A.G. Harris joins call for more predictable work schedules

05/27/2016
California Attorney General Kamala Harris has joined attorneys general from across the nation pressing large retailers to make their employees’ schedules more predictable.

Ensure new employees aren't bound by noncompetes

05/27/2016

The 9th Circuit Court of Appeals has said that a former employer may re­­ceive an injunction against a former em­­ployee who works for a competitor when the employee had signed a clear but limited agreement not to compete.

Don't let simplest error derail arbitration: Make sure agreement was signed

05/27/2016
California employers who want to bind their workers to arbitration have to jump through a number of hoops. For one thing, you need to produce an agreement signed by the employee.

Disabled employee wants to work from home? That may be a legitimate ADA accommodation

05/27/2016
Disabled employees with the right kind of jobs may be entitled to work from home or another remote location as a reasonable accommodation.

Abercrombie rule doesn't cover ADA bias

05/27/2016
Last year, the U.S. Supreme Court’s EEOC v. Abercrombie & Fitch ruling made it clear that to prevail in a Title VII discrimination case, the employee only has to show that a protected characteristic such as sex or religion was a motivating factor in an employer’s discriminatory decision.

Insist that employees follow call-off rules

05/27/2016
Some employees think as long as they can get a doctor’s note certifying that they missed work due to a disability or a serious health condition, they can’t be punished. Not true!
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