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The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: Labor & Employment
If there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
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Tags:
zoom, virtual meetings, litigation, electronic communication, covid-19
Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & Employment
Most employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves.
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Tags:
whistleblower, discrimination, title vii, termination, employment law
U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & Employment
In 2012, the United States Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171, and first recognized a “ministerial exception.” The ministerial exception is a First Amendment doctrine that prohibits civil courts from adjudicating employment-related cases brought by “ministerial” employees against their religious employers.
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Tags:
employment law, religion, lgbtq+, supreme court, discrimination
Americans with Disabilities Act: A Checklist for Compliance Posted on: July 09, 2020 In: Labor & Employment
While employers are busy complying with the ever-changing landscape of regulations during a pandemic, “normal” employment issues, such as disability accommodations, remain as important as ever.
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Tags:
employment law, ada, americans with disabilities act
How Employers Can Best Accommodate Working Parents During COVID-19 & Avoid Discrimination Claims Posted on: July 02, 2020 In: Labor & Employment
COVID-19 has resulted in no schools, no child care, and no after school activities, leaving no option for many working parents but to stay home and care for their kids while working full-time jobs. Working parents are struggling to balance childcare responsibilities and job responsibilities during these tough times. Additionally, employers are struggling to stay in business, leading to record lay-offs and unemployment. The result? Legal experts predict a significant increase in litigation.
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Tags:
covid-19, coronavirus, working parents, fmla, ada, discrimination
Fictitious Business Names on Wage Statements: An Invitation for Penalties in California Posted on: June 30, 2020 In: Labor & Employment
Complying with California law on wage statements can be tricky for employers. Pursuant to Labor Code Section 226(a)(8), wage statements must identify the employer’s legal name. An employer can comply with this requirement by listing either the legal entity name or a registered fictitious business name (dba) on the wage statement. Failing to do so can expose employers to extensive liability on a class-wide basis through a class action or Private Attorney General Act (PAGA) representative action.
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Tags:
california, fictitious business name, paga, payroll, wages
Common Law Claims for Wrongful Termination Based on a Claimed Violation of Public Policy: Five Tips for Employers to Avoid Liability Posted on: June 24, 2020 In: Labor & Employment
The at-will employment doctrine provides extensive flexibility to both employers and employees to conclude their employment arrangements. As a general matter, this at-will rule permits an employer to terminate an employee for a good reason, a bad reason, or no reason at all as long as the termination does not implicate a protected federal or state statutory basis—most particularly, statutory protections against employment discrimination.
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Tags:
at-will employment, wrongful termination, public policy, severance agreement, human resources
U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees Posted on: June 15, 2020 In: Labor & Employment
On June 15, 2020, the United States Supreme Court held that Title VII, the federal employment law that prohibits discrimination “because of sex,” bars discrimination based on an individual’s sexual orientation and transgender status. Conservative Justice Neil Gorsuch, joined by Chief Justice John Roberts and four liberal members of the Court, penned the 6-3 decision granting nationwide protection to LGBTQ+ employees.
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Tags:
supreme court, lgbtq+, title vii, discrimination, eeoc
A Quick Checklist for Navigating Requests for Paternity Leave in California Posted on: June 11, 2020 In: Labor & Employment
Employers commonly process requests from expecting mothers for maternity leave. However, when it comes to welcoming a new baby, it’s all hands on deck. As such, it is important for companies to be knowledgeable about the different types of leave that may apply to expecting fathers.
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Tags:
california, paternity leave, human resources, fmla, feha
Three Tips to Mitigate Employment Discrimination Risks As Stay-at-Home Orders Are Lifted Posted on: May 21, 2020 In: Labor & Employment
Many businesses are now being challenged to return some or all of their furloughed employees to work based on the modification or elimination of stay-at-home orders and other state and local restrictions. This post discusses three tips that employers should consider to help mitigate the risks of exposure to employment discrimination claims under federal, state, and local laws as this process unfolds.
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Tags:
return to work, eeoc, human resources, disability, covid-19, coronavirus
Enforcing Safety Measures While Maintaining Compliance with Title III of the Americans with Disabilities Act: Four Considerations Posted on: May 20, 2020 In: Labor & Employment
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability “in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” Notably, this prohibition applies to both the built environment and to the policies and procedures affecting how a business provides goods and services to its customers.
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Tags:
ada, compliance, social distancing, covid-19, website accessibility
Work-From-Home: Five Tips to Avoid Overtime Liability Posted on: May 11, 2020 In: Labor & Employment
By now, the coronavirus pandemic has caused considerable disruption to most employers. In light of various restrictions imposed under various stay-at-home orders, many employers have been forced to adopt Work-From-Home (WFH) policies on the fly, without the benefit of preparation or advice from legal counsel regarding potential liabilities that these policies can involve.
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Tags:
work-from-home, overtime, payroll, covid-19, coronavirus

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