The Pregnancy Discrimination Act of 1978 (PDA) makes it illegal for employers to discriminate against pregnant employees and requires reasonable accommodations for an employee’s known limitations related to pregnancy or...
Employment Law Letter
In March 2022, President Joseph R. Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which voids predispute arbitration clauses in cases involving sexual harassment...
The general rule is that if you hire an independent contractor to do a job, you aren’t responsible for injury to the contractor’s employees—but with a big exception that led to liability in a recent case. Facts The...
A commercial airline pilot and military reservist claimed his employers failed to abide by the rules for military leave. He alleged that because Alaska Airlines provide paid leave for nonmilitary leaves including jury...
On December 13, 2022, the National Labor Relations Board (NLRB) issued a decision expanding remedies available to employees who prevail in an unfair labor practice (ULP) charge. In addition to backpay and reinstatement...
On December 7, 2022, President Joe Biden signed the Speak Out Act into law. One purpose of the Act is to empower survivors of sexual assault and sexual harassment to come forward by nullifying the enforceability of...
The proliferation of remote work has created new and strong incentives for employers to invest in tools that make it easy to electronically monitor employees. This prompted National Labor Relations Board (NLRB) General...
An exotic dancer’s wage and hour complaint against her employer was ultimately resolved after dueling arguments over which party lost track of the clock and who waived their right to challenge an arbitration decision...
If employees at a correctional facility were required to endure sexual harassment as part of their job, does the public facility have liability for damages? It depends on which statute has priority over the other, as...
On January 10, 2023, the U.S. Supreme Court heard oral argument in a case that—if it goes the company’s way—would give employers more leeway to circumvent the National Labor Relations Board’s (NLRB) process and go...
First, the buzz was all about “quiet quitting” as overworked employees quietly cut back on their tasks to help them cope with job stress. That trend was countered with “quiet firing” as supervisors who noticed the...
It’s early in the new year—a time when people often assess priorities and look at what to expect in the future. That goes for human resources thinkers, too. With all the change the workplace has seen over the past few...
Recent case developments in California have placed companies on alert that arbitration fees must be timely paid or else an arbitration agreement is materially breached and the right to arbitration waived. California...
The California Court of Appeal recently held that whether an employee at a fixed site not owned or leased by the employer is subject to the outside salesperson exemption is determined by the extent to which the employer...
Q: Can we ever request a non-birthing parent to take parental leave all at once or limit their intermittent leave, so they aren’t taking multiple blocks of time within the rolling 12-month period? Parental leave for...