IS REMOTE WORK CONSIDERED A REASONABLE ACCOMMODATION FOR AN EMPLOYEE? ANSWER: NO In the case of Brown vs. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and supervisor change request were unreasonable under the Federal Rehabilitation Act and that the employee had failed to allege a prima...
TIP SHARING - FINAL RULE FROM DEPT OF LABOR The U.S. Department of Labor (“DOL”), at the federal level, enforces employee rights and has the ability to fine employers who do not abide by employment laws. The fines stack up and can be large. The DOL interprets laws, like those...
California Ban on Mandatory Employment Arbitration Agreements California Employers previously could require that employees sign and abide by mandatory arbitration agreements in pursuing any employment claims - until now. The California legislature enacted Assembly Bill 51, prohibiting mandatory arbitration agreements for any claims under the California Fair Employment and Housing...
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....
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...
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...
This is an update to our prior OSHA/COVID-19 employer alerts. Cal/Osha has developed a model program to assist employers in creating their own workplace “written” Covid-19 Prevention Plan (CPP). This updated model, published June 29, 2021, reflects the changes made from the June 17, 2021, Emergency Temporary Standards (ETS). Cal/Osha...