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…

Section 998 Offers In Post “Me Too” Employment Litigation

In response to the “Me Too” movement, originally a viral social media campaign to raise awareness of sexual harassment and sexual assault (particularly in the workplace), new California laws provide plaintiffs in FEHA claims fewer hurdles to recover damages.  In particular, Government Code section 12965(b) could drastically change employment defense strategy with regard to Code 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…

New California Laws Impact Content And Procedures For Job Applications

California employers should be aware of two new statutes went into effect on January 1, 2018, that govern the content and procedures for considering job applications in California. A.  Prohibition Against Inquiries Regarding Applicants’ Prior Criminal Convictions Labor Code Section 12952 requires employers with five or more employees to implement a multi-step process for consideration Read More…