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...
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...
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...
HEALTHCARE CORPORATE COMPLIANCE Healthcare Companies should conduct a self-audit each year of their organizational structure and operations. The audit should include ensuring that all organizational documents (historical and any updates) are updated and that the documents are available when needed. As with normal non-medical companies, besides organization corporate documentation, all...
New Executive Order Targeting Employee Non-Compete Agreements On July 9, 2021, President Biden made good on a campaign promise to address employment non-compete agreements by issuing a sweeping executive order called “Promoting Competition in the American Economy Order.” Although it does not immediately change the current legal landscape governing non-compete...
CALIFORNIA SUPREME COURT RULES MISSED MEAL AND REST BREAK PREMIUM PAYMENTS ARE TO BE CALCULATED USING HOURLY RATE PLUS NON-DISCRETIONARY PAYMENTS California employers must provide employees with at least a 30 minute meal break at or by the 5 hour work period mark, as well as two 10 minute rest...