What To Do If An Employee Tests Positive For COVID-19

On March 19, 2020, California Governor Newsom issued Executive Order N-33-20, which places certain restrictions on Californians in response to the COVID-19 pandemic.  Pursuant to the Executive Order, Californians are ordered to stay home, except as needed to maintain continuity of operation of specified essential services, including, hospitals and medical providers, gas stations, pharmacies, grocery stores, take-out Read More…

Pandemic Preparation In The Workplace And The Americans With Disabilities Act

In 2009, during the H1N1 pandemic, the EEOC issued guidelines on how employers can navigate the workplace during a pandemic. The guidelines are applicable to the coronavirus and employers should take measures to comply. Per the ADA, which is applicable to employers with 15 or more employees, an employer is generally prohibited from asking disability-related Read More…

Legal Implications Of COVID-19 Outbreak

The current coronavirus pandemic has thrust all of us into a situation unlike anything our society has experienced in recent history.  In the midst of COVID-19, the federal, state, and local governments are implementing new policies and regulations, which will have a large impact on businesses and individuals alike.  As we navigate these uncharted waters Read More…

The Americans With Disabilities Act Goes Online

The Americans with Disabilities Act (ADA), which was enacted in 1990, was intended to “provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” The Department of Justice requires that places of public accommodation are to “furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with Read More…

Enforcement Of Non-Competition Agreements Through Injunctive Relief In Nevada

In the recent case of Shores v. Global Experience Specialists, Inc. (134 Nev. Adv. Op. 61), the Supreme Court of Nevada determined that the trial court improperly granted a preliminary injunction to enforce a non-compete agreement that was arguably unreasonable as to its geographic scope. Employee Landon Shores worked as a sales associate for Global Read More…

Arbitration Agreements In Employment Contracts: Cross Your T’s And Dot Your I’s In All Languages

In Juarez v. Wash Depot Holdings, Inc., California’s Second Appellate District Court of Appeal upheld the denial of an employer’s motion to compel arbitration when the arbitration agreement contained in the employee handbook was not the same in the English version as the Spanish version. Plaintiff Carlos Juarez filed a lawsuit alleging thirteen wage-and-hour claims, Read More…

Supreme Court Upholds Enforceability Of Individualized Arbitration Agreements In Employment Contracts

Employers sometimes require their employees to enter into employment contracts requiring employment disputes between the parties to be resolved through individualized arbitration proceedings.  Such agreements include a waiver of the employee’s right to participate in class action employment lawsuits.  Until recently, the enforceability of individualized arbitration agreements was questionable following a controversial ruling by the Read More…

Eligibility For Unemployment Compensation Benefits In A “Resign Or Be Fired” Scenario In Nevada

Section 612.380 of the Nevada Revised Statutes generally provides that an individual is ineligible to receive unemployment compensation benefits where the person has voluntarily left his or her employment. On May 3, 2018, in the case of Dolores v. State, Dep’t of Employment Sec. Div., the Supreme Court of Nevada determined that an employee’s resignation, Read More…