TO BOOST OR NOT TO BOOST? IS THE THIRD JAB REALLY NECESSARY? Many of Epps & Coulson, LLP’s employer clients have implemented vaccine and/or COVID testing policies. We have addressed these issues in prior updates (e.g. https://eppscoulson.com/california-implements-and-encourages-all-employers-to-adopt-measures-to-combat-delta-variant/). The next question lingering in the minds of many Employers: should we require...
ADA – Employee’s Refusal of Employer’s Proposed Accommodations Negates ADA Claim Here’s the sequence: employee asks for Americans with Disabilities Act (“ADA”) accommodation; if employee qualifies, employer offers reasonable accommodation; employee tries accommodation to see if it accomplishes the goal. But, a Microsoft employee rejected the company’s proposed accommodations and...
Big Changes to Texas Workplace Sexual Harassment Law Are you Prepared? In a surprising move, Texas Governor Greg Abbott recently signed two significant amendments, SB45 and HB 21, to the Texas labor code, which will be significantly expanded and redefined. These amendments will have a major impact on how businesses...
California Implements And Encourages All Employers to Adopt Measures to Combat Delta Variant The State of California implemented a first-in-the-nation standard to require all State Employees, Health Care Workers and employees in High-Risk Congregate settings to show proof of vaccination or get tested once a week. The State is encouraging...
WHAT TO INCLUDE IN AN EMPLOYEE FILE Accurate recordkeeping and maintenance of personnel records is essential for an employer. Employers collect important documents relating to each employee throughout the employee life cycle and those records should contain the history of the employment relationship from employment application through exit interview. For...
DAWN M. COULSON NAMED SUPER LAWYER 2022 Dawn Coulson has been selected as 2022 Southern California Super Lawyer. Congratulations to Dawn for 16 straight years of being awarded the honor by her peers and colleagues of Super Lawyer designation 2022. Dawn has been designated Super Lawyer for each year 2007...
MANDATORY SECURITY CHECKS OF EMPLOYEES RESULT IN AMAZON PAYING $8.67 MILLION TO SETTLE AN EMPLOYEE CLASS ACTION After a Pennsylvania court ruled last week that Amazon must pay warehouse workers for time spent in mandatory security checks, Amazon (and its staffing company) agreed to pay $13.5 million to settle the...
EMPLOYER MIS-TRANSLATION OF EMPLOYEE ARBITRATION AGREEMENT CLAUSE CAUSES PROCEDURAL PROBLEMS In the case of Western Bagel Co., Inc. v Superior Court, decided July 17th, the employer’s translation from English to Spanish of a mandatory arbitration clause was at issue. The Spanish version suggested non-binding arbitration; the English said binding arbitration....
EMPLOYMENT CLAIMS HOW THEY ARE PROVEN THROUGH CIRCUMSTANTIAL EVIDENCE Employees who are discriminated against by their employer usually do not have some overt action or smoking gun email to show the discrimination (or harassment or retaliation), but rest assured that the employer’s motives can be sussed out using circumstantial evidence....
Long Term Care Facilities and LGBT Residents In 2017, California enacted SB 219 to protect against discrimination or mistreatment by a Long-Term Care Facility based on a resident’s sexual orientation or gender identity (the “Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Residents’ Bill of Rights” – “LGBT Bill of...