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Arizona

In #MeToo era, accused harassers may seek injunctions to stop internal investigations

06/05/2018
Sexual harassment claims are on the rise, in the wake of the #MeToo social media movement. Some alleged harassers are fighting back, arguing that the accusations do irreparable harm to their reputations. And they’re not just threatening to file lawsuits.

Prior salary can’t justify pay difference

05/30/2018
California employers beware: The 9th Circuit Court of Appeals has issued a landmark Equal Pay Act decision that may require you to make immediate changes to how you set starting salaries.

9th Circuit: EPA requires ignoring past pay

04/19/2018
Employers that set pay based on past salaries are just as guilty of sex discrimination as those past employers who set a discriminatory rate of pay in the first place.

Employee must show how chronic pain prevents work

03/22/2018
In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.

California Supreme Court must rule on meal break pay

02/21/2018

The 9th Circuit Court of Appeals has asked the California Supreme Court to answer several questions about meal breaks and whether certain employees are entitled to additional payments for missed meals.

Beware retaliation if worker has been involved in government inquiry

02/21/2018

In order for an employee to claim he or she suffered retaliation, some form of protected activity has to have occurred to precipitate the unlawful punishment. What constitutes protected activity depends on the specific law under which the employee claims protection. It’s not enough to merely complain about working conditions.

Regardless of prior leave, prepare to offer more time off as a reasonable accommodation

02/21/2018

Under the disability discrimination provisions of California’s Fair Employment and Housing Act, employers are required to offer extended leave as a reasonable accommodation for disabled employees—as long as the employee provides an estimated return date.

Administrative exemption focuses on core business

01/23/2018

In order to claim a worker is exempt under the administrative exemption of the California Labor Code, an employee must do work directly related to management policies or general business operations of his employer or employer’s customers. Mere support work doesn’t count.

One case, two destinations: Arbitration and court!

01/23/2018

Here’s a decision that may complicate matters for employers that use arbitration agreements to keep employment disagreements out of federal courts.

‘Political correctness’ doesn’t matter: Political belief isn’t a protected characteristic

01/23/2018

Some recently fired employees looking for reasons to sue their employers have started grasping at the gunwales of a “political correctness” lifeboat. Nice try but no dice was the verdict in a recent 9th Circuit Court of Appeals case.