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Employment Law

FMLA rights extended to all same-sex spouses

02/26/2015
The rule change grants FMLA leave rights to same-sex spouses even in states that do not sanction or recognize gay marriage.

Harassment or just a bad-behaving boss?

02/26/2015
Courts expect em­­ploy­­ees to have relatively thick skins. Behavior that is crude or obnoxious isn’t usually grounds for a harassment lawsuit unless it targets people based on a protected characteristic (sex, age, race, disability, etc.).Still, the “equal opportunity harasser” argument is a pretty flimsy nail to hang your defense on.

Justices appear ready to back applicant in hijab case

02/26/2015
Oral arguments held Feb. 25 in a Supreme Court case involving a teenager who says the Muslim headscarf she wore to an interview cost her a job at Abercrombie & Fitch did not go well for the retail chain.

California bill would turn pro cheerleaders into employees

02/25/2015
A bill before the California General Assembly would require the state’s professional sports teams to give cheerleaders full employment rights, including paying the minimum wage and overtime.

Bill would turn pro cheerleaders into employees

02/24/2015
A bill before the General Assembly would require California’s professional sports teams to give cheerleaders full employment rights, including paying the minimum wage and overtime.

Federal judge strikes raises for home health workers

02/24/2015
One of President Obama’s attempts to stimulate the economy has been nixed by a federal court.

PAGA claims still alive after SCOTUS denies review

02/24/2015
The U.S. Supreme Court has refused to review the California Supreme Court Decision in which the state’s highest court ruled that the Federal Arbitration Act preempted California’s policy against enforcement of class-action waivers on the grounds that they were contrary to public policy or unconscionable.

OK to ditch telegraph under new CalOSHA regulations

02/24/2015
The California state legislature made changes to both CalOSHA reporting requirements and fines for violations.

Whistle-blower can go directly to court after internal review

02/24/2015
An employee who tries to internally report alleged wrongdoing and is then fired can pursue internal remedies—and then go directly to court with her discharge and retaliation claims.

Act fast to fix computer glitch that threatens to compromise disability accommodation

02/24/2015
If a technology problem interferes with a disabled employee’s attempt to use medical leave, fix the problem fast. Otherwise, you may be liable for claims that you violated the ADA’s disability accommodations ­requirements.