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California

Contract lapse can trigger employment suit

09/29/2022

Some employers assume that if they provide time-limited employment contracts, they can let those contracts expire without worrying about being sued for workplace discrimination. After all, when an employer and an individual sign a contract with an end date, it should follow that once that date comes and goes, neither has an obligation to the other, right?

Off-duty marijuana use off limits in California

09/28/2022

When California rings in the New Year in 2024, employers will be prohibited from discharging employees or refusing to hire individuals based on their off-duty use of marijuana.

Avoid letting client prejudice send you to court

09/22/2022

Here’s a warning about indulging prejudices. Judges don’t want to hear the excuse that you discriminated against a protected class member because your customer, patient or client demanded you do.

New Calif. fast-food worker law could spread

09/08/2022

The California legislature has enacted a first-in-the-nation law designed to grant broad protections to employees working in fast-food restaurants. As is often the case, it’s a California employment law that could well become a model for similar legislation in other states.

Even temporary conditions can be disabilities

05/26/2022

It’s a misconception that an employee must have a permanent, long-term medical condition in order to be covered by the ADA. Not true! A temporary serious health condition can still qualify as an ADA disability.

Federal contractor? Beware OFCCP audits

05/19/2022

When a company signs a contract to perform work for the federal government, it agrees that the Department of Labor’s Office of Federal Contract Compliance Programs can conduct routine audits of its labor practices. Those audits can be far-reaching—and if some form of discrimination is uncovered, the DOL is empowered to bring charges.

Abide by all OSHA rules regarding sick, tired drivers

04/21/2022

OSHA enforces the whistleblower protections written into the Surface Transportation Assistance Act. The law says drivers who file OSHA complaints alleging employer violations of safety rules may be entitled to damages. Recently, OSHA ordered damages for drivers who reported being forced to drive while sick or tired.

No liability if teleworkers are injured by criminal

04/07/2022

Employers are generally responsible for ensuring the workplace is safe. But now that millions of Americans work remotely, what’s an employer’s responsibility for ensuring workplace safety?

Provide lactation privacy for new mothers

02/17/2022

For more than a decade, federal law has required employers with 50 or more employees to provide reasonable break time for workers to express breast milk for up to one year after the child’s birth. The other key part: Employers must also offer a private location (not a bathroom) that is shielded from view and free from interruptions.

Prepare to pay if class action alleges sex bias

01/06/2022

A huge number of gender-bias and sexual-harassment cases settled for big sums in 2021. Not to be outdone by million-dollar-plus settlements, another big employer threw in the towel to finish out the year.