As the end of the year nears, employees’ memories of summer vacations may be giving way to plans to schedule time off for the holidays. While some workers are diligent about planning the time off they need to avoid...
Employment Law Letter
In March of this year, I provided you with basics steps to take to avoid Family and Medical Leave Act (FMLA) mishaps and best practices to follow when eligible employees request FMLA leave. Since the publication of my...
Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three...
We stand 42 months after the issuance of COVID-19 restrictions and the exodus of office workers from downtowns throughout California. Nonetheless, the approaches being taken to the return to the office remain all across...
There has always been friction in the law when it comes to affirmative action. On one hand, you are required to address and remedy prior discrimination in the workplace, and several statutes identify preferential hiring...
On August 7, the Equal Employment Opportunity Commission (EEOC) issued its proposed regulations implementing the Pregnant Workers Fairness Act (PWFA), an amendment to Title VII of the Civil Rights Act of 1964. The Act...
The Americans with Disabilities Act (ADA) requires employers to provide qualified individuals with a disability with a reasonable accommodation, but only after the disability is made known or at the very least, the...
The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada...
The North Dakota Legislature recently passed Senate Bill (SB) 2388, which amends Section 19-24.1-34 of the North Dakota Century Code, clarifying actions employers may take in disciplining employees who are medical...
In a memo released on May 30, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo dealt another blow to noncompete agreements. With the newly passed Minnesota ban set to go into effect on July 1...
Online security and data theft are increasingly complex problems for everyone, including law enforcement, companies, and individual consumers. The issues of lost data, identity theft, and invasion of privacy seem to grow...
Many subscribers are either the providers of legal services or the consumers of same. So I took note when the American Bar Association (ABA) issued a lengthy opinion letter on fees paid in advance by a client for...
The song title referenced in the headline is by rapper M.C. Hammer. And that is the extent of my rap music knowledge. But very recently, the genre has intersected with employment law, and I wanted to tell you about it...
Ever hear of the rule of three—“life, liberty, and the pursuit of happiness”? It’s easy to remember, it’s concise, and it rolls off the tongue. You see it all the time, whether in ads or newspaper/magazine writing or in...
I know “Promises and Loopholes” sounds like the title to a Woody Allen movie, but it makes an important point. Namely, that parties to a contract are held to the language of their agreements, but there are, in certain...