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Employment Law

Los Angeles Times unionizes, after management’s bad press

02/21/2018

On Jan. 4 this year, employees voted 248-44 in favor of joining NewsGuild, a union that represents more than 25,000 news workers across the country. Missteps by the Times’ parent company, Tronc Inc., may have tipped the vote toward unionization. 

California Supreme Court must rule on meal break pay

02/21/2018

The 9th Circuit Court of Appeals has asked the California Supreme Court to answer several questions about meal breaks and whether certain employees are entitled to additional payments for missed meals.

FEHA has lower disability threshold than ADA

02/21/2018

California employers must be mindful that it is easier to qualify as disabled under California law than under the federal ADA.

Beware retaliation if worker has been involved in government inquiry

02/21/2018

In order for an employee to claim he or she suffered retaliation, some form of protected activity has to have occurred to precipitate the unlawful punishment. What constitutes protected activity depends on the specific law under which the employee claims protection. It’s not enough to merely complain about working conditions.

Regardless of prior leave, prepare to offer more time off as a reasonable accommodation

02/21/2018

Under the disability discrimination provisions of California’s Fair Employment and Housing Act, employers are required to offer extended leave as a reasonable accommodation for disabled employees—as long as the employee provides an estimated return date.

Appeals court rules: Discrimination based on employee’s obesity may violate FEHA

02/21/2018

Workers whose obesity has physiological causes are protected from discrimination and harassment under the California Fair Employment and Housing Act. Super­­visors who discriminate against those workers may face liability.

CFRA: Light duty OK following injury

02/21/2018

A California employer didn’t violate the California Family Rights Act when it allowed a worker to return to light-duty work following an on-the-job light injury.

Courts will toss unfair arbitration agreements

02/21/2018

Courts are particularly unlikely to consider an arbitration agreement binding if it appears the employee did not understand what he was signing.

NLRB: Anti-diversity Google engineer wasn’t illegally fired

02/21/2018

A National Labor Relations Board attorney recommended dismissing an unfair labor practices claim filed by a Google engineer who says he was illegally fired for stating that women are biologically unsuited for computer coding.

Guess who else is invoking #MeToo: the EEOC

02/21/2018

The #MeToo social media movement has been wildly successful at shining a spotlight on the sexual harassment women often experience at work. Now the EEOC has begun using #MeToo in press releases announcing sexual harassment litigation.