On June 15, the U.S. Supreme Court delivered its landmark decision in Bostock v. Clayton County, Georgia, and established LGBTQ rights in the workplace as a matter of federal law. The Court squarely held Title VII of the...
Employment Law Letter
The coronavirus pandemic has created unprecedented challenges and has affected millions of Americans, including many Texans. The current economic climate created by the COVID-19 pandemic has left many nonsubscribers with...
Employment discrimination against individuals because of their gay or transgender status necessarily entails discrimination based on sex and therefore is unlawful under Title VII of the Civil Rights Act of 1964, the U.S...
The U.S. Department of Labor (DOL) recently issued guidance on whether the pandemic-related closures of summer camps and other enrichment programs for children would allow an eligible employee to take leave under the...
Returning to work after stay-at-home orders are lifted raises a host of issues for employers. For one specific group of employees, you may have thought the issue was clear: People in at-risk categories for catching COVID...
In light of the COVID-19 outbreak, companies have changed their core business operations and instituted new practices and procedures in the blink of an eye. The changes, perhaps unknowingly, have created risks that could...
In late June 2020, California's 5th District Court of Appeal overturned an arbitrator's advisory decision in favor of two deputy sheriffs and their union in a contractual dispute arising under a memorandum of...
Every four years, I address in this column the need for the U.S. Supreme Court to stay above presidential politics. The Supreme Court can play its role in the balance of powers doctrine only if it remains apolitical. In...
A California appellate court recently determined that a lower court shouldn't have accepted an employer's argument that certain employees didn't have to be paid for their commuting time to the first job of the day or for...
Since the civil rights movement of the 1960s, state and federal laws have been enacted prohibiting employment discrimination against individuals on the basis of race, ethnicity, age, disability, religion, and gender...
California Industrial Welfare Commission (IWC) Wage Order No. 16-2001 prohibits union employees from waiving the right to compensation for employer-mandated travel time as part of a collective bargaining agreement (CBA)...
In a recent case, the family of an independent contractor’s employee sued the contractor’s hirer, alleging its negligence was a substantial factor in the employee’s death. Under California law, employees of independent...
The California Supreme Court recently tackled the issue of whether California laws regarding itemized wage statements and the timing of wage payments apply when the employer is out of state and the employee works in...
In response to the COVID-19 outbreak, New York Governor Andrew Cuomo issued a series of executive orders, beginning in mid-March 2020, to shutter nonessential businesses and restrict in-person work at those companies and...
Undoubtedly, the Worker Adjustment and Retraining Notification Act (WARN Act) has popped up on your radar during these times of economic uncertainty arising out of the COVID-19 pandemic. Any number of articles, posts...