Employment Law Letter

Once upon a time, the employee’s workplace was entirely separate from their private life. No more. The two now bleed together, resulting in legal trouble for employers. Male manager targets a female colleague Lindsay...

The ministerial exception was created to protect the free exercise of religious entities in appointing their ministerial positions, while allowing legal protections to flow to employees who don’t fall within the...

The remedy for the breach of an employment contract is limited to actual damages, and California law is generally strong in protecting an employer that wrongfully terminates an employee from tort (wrongful act) damages...

After nearly four years of court battles, Proposition 22—also known as the Protect App-Based Drivers and Services Act—has been upheld by the California Supreme Court. The voter-enacted law allows drivers for app-based...

Many of us watched with interest when the sexual assault convictions against Harvey Weinstein were overturned because the trial court admitted evidence of his misconduct that had nothing to do with the assault he was...

An employee of a subcontractor for an engineering company fell off a ladder at the San Francisco International Airport while in the process of inspecting a jet fuel tank. What steps must the employee take to hold the...

Artificial intelligence (AI) refers to automatic systems that use data to make decisions, predictions, or recommendations. AI provides great opportunities to improve many aspects of our lives—how we work, learn, and live...

Earlier this summer, we alerted you to the Federal Trade Commission’s (FTC) approval of a final rule implementing a nationwide ban on noncompete clauses in new employment agreements (see “FTC announces nationwide ban on...

Q A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive? What an ex-employee can access in their file varies by state. In Iowa, people who are no...

When the Occupational Safety and Health Administration (OSHA) conducts a workplace inspection, the agency’s long-standing rule (known as “the walk-around rule”) has been that employees can designate a representative to...

On July 3, 2024, a judge in the Northern District of Texas issued a preliminary court order that temporarily blocks the Federal Trade Commission (FTC) from implementing its noncompete ban but only for the specific...

The Phoenix District Office of the Equal Employment Opportunity Commission (EEOC), which covers Arizona, Colorado, Utah, Wyoming, and part of New Mexico, recently obtained two substantial settlements in lawsuits the...

We can learn a lot from the military. One such lesson: how to write effective emails, those that are read and understood. “How to Write Email with Military Precision” by Kabir Sehgal appeared in the Harvard Business...

Attracting and retaining high-performing workers—always a challenge—has become a struggle for many employers, leading them to rethink the perks they offer. Some are happy to offer free snacks, others hope to lure people...

When thinking about the hiring process, those doing the hiring often focus on mistakes job candidates make. Maybe hopefuls show up for an interview late and unprepared, or maybe they’re interested in the job’s salary but...