Viewpoint: Voluntary Recognition of a Union Soon May No Longer Be Voluntary

​What would you do if you were presented with union cards signed by a majority of your employees? If you’ve been taught well, you’d know to not look at the cards and... Read more »

Considerations for Employers Providing Travel Benefits for Abortion

​Employers that are providing travel benefits for abortion have a number of considerations, including the reputational risks of providing such benefits. Many employers are quietly making such benefits available, despite the unclear... Read more »

School District Not Liable for Negligence Based on Teacher’s Relationship with Student

​Takeaway: A school district was not liable for negligent supervision of a high school teacher who had a sexual relationship with a 17-year-old student even though the age of consent in California... Read more »

Railway Labor Act Creates Federal Jurisdiction for Alleged Disparate Discipline

​Takeaway: Under the Railway Labor Act (RLA), federal jurisdiction may exist over a seemingly minor disciplinary issue if the discipline was allegedly based on anti-union animus. ​A union established RLA discrimination when... Read more »

Mild COVID-19 Is Not a Disability Under Calif. Law

​Takeaway: While an employee experiencing mild symptoms of COVID-19 did not have a disability under California’s Fair Employment and Housing Act, an employee experiencing more severe symptoms or long COVID-19 might be... Read more »

Employer’s Wage Statements Did Not Violate Calif. Labor Code

Takeaway: An employer did not violate California’s wage statement statute by failing to provide a wage rate or hours worked for a true-up of overtime pay for the preceding month’s work based... Read more »

EEOC Adds X Gender Marker to Questions During Charge Intake

​The U.S. Equal Employment Opportunity Commission (EEOC) announced on June 27 full implementation of the opportunity to select a nonbinary “X” gender marker during the intake process for filing a charge of... Read more »

Gay Employee’s Failure-to-Promote and Termination Claims Dismissed

​Takeaway: While the employer ultimately prevailed in this matter, this is an example of how insensitive comments can light the fuse for litigation that wended its way through one administrative agency and... Read more »

Court Strikes Down Arbitration Agreement Signed as Part of Employee Handbook

Takeaway: Courts often take a dim view of employee arbitration clauses and may invalidate one if it is included as part of an employee handbook or other document that undermines its status... Read more »

Supreme Court Clarifies First Amendment’s Application to Public Employees

The U.S. Supreme Court clarified the scope of the First Amendment’s application to public employees June 27 in a case involving a football coach, Joseph Kennedy, who was fired for praying while at... Read more »
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