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Employment Law

Doubtful accommodations? Let employee try anyway

05/31/2016
Refusing to consider an ADA accommodation can spell big legal trouble. Give disabled workers a chance to prove they can do the job.

No matter how unlikely the allegations, always investigate reverse sex discrimination

05/31/2016
Here’s a reminder that it’s not just women who can allege sex discrimination and a hostile work environment. Men can, too, under the right circumstances.

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.

Employers gain new weapon to protect their trade secrets

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

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.

After harassment, be careful who you transfer

05/26/2016
If you fear for an employee’s safety after he has complained about a hostile work environment, think twice before transferring him instead of the person or people who are the source of the hostility.