Are you human? Are you a good human? Those are the questions you should really be asking job candidates. The days of gender roles and glass ceilings should be behind us. Words matter So, why do many employee handbooks...
Employment Law Letter
Q For employees working from home, we currently don't provide reimbursement for furniture without a doctor's note stating a need for an ergonomic chair or desk. If we require someone to work from home more than half the...
A new South Dakota law took effect in July 2021 banning noncompete agreements in the healthcare industry. The law prohibits adding the restrictive clauses in employment, partnership, or other contracts covering...
Missouri’s new Victims Economic Safety and Security Act (VESSA) requires employers with at least 20 employees to provide leave and reasonable safety accommodations to those who experience domestic or sexual violence...
Recently sworn-in General Counsel (GC) Jennifer Abruzzo has issued a memorandum setting forth new enforcement priorities for the National Labor Relations Board (NLRB), which include a review (and potential overruling) of...
Referring an employee to an employee assistance program (EAP) doesn't absolve an employer from conducting a proper investigation. Facts A recent New York Times article, "You're the Problem: When They Spoke Up About...
The Iowa Supreme Court recently issued important decisions about the state's private-sector drug-free-workplace statute. Iowa Code Section 730.5 is a complex statute containing numerous application pitfalls for employers...
The union movement has seen declining numbers for decades, but with a staunchly prounion advocate in the White House, union supporters are hoping to soon see progress for their cause. But union foes are hoping to thwart...
Neurodiversity represents the inherent differences in neurological structure and function. The term encompasses neurocognitive differences such as autism, attention deficit hyperactivity disorder (ADHD), dyslexia...
One of the benefits of hiring an independent contractor is that most obligations fall to the contractor—obtaining workers' compensation and general liability insurance; complying with federal, state, and local employment...
Many employers use Code of Civil Procedure Section 998 offers to compromise as a strategic way to shift which party in a lawsuit—the employer or the employee—will be determined the "prevailing party." That's important...
President Joe Biden’s new “COVID-19 Action Plan: Path Out of the Pandemic” requires employees of large private employers, the federal government, federal contractors, and healthcare entities to be vaccinated against the...
Although supervisory favoritism toward a paramour may be unfair and ill-advised, it isn't illegal sex discrimination under Title VII of the Civil Rights Act of 1964, according to the U.S. 9th Circuit Court of Appeals...
California has an odd lawmaking system, and nothing exemplifies that more than the fight over independent contractor status of app-based drivers. The issue has gone from the legislature to the courts, back to the...
The California Supreme Court's 2020 ruling in Alameda County Sheriff's Association v. Alameda County Employees' Association continues to affect the application of pension law across the state. In the following case, the...