Standing Strong For Employee Rights
What steps can employers take to screen employees for COVID-19 after government stay-at-home orders are lifted? According to new EEOC guidance, while the ADA permits employers to make disability-related inquiries and conduct medical exams when job-related and...
The EEOC has answered the following questions to give guidance on Disability Related Inquiries and Medical Exams by Employers. A.1. How much information may an employer request from an employee who calls in sick, in order to protect the rest of its workforce during...
California WARN Governor Newsom issued Executive Order N-31-20 (PDF), which temporarily suspends the 60-day notice requirement in the California WARN Act for those employers that give written notice to employees and satisfy other conditions. The suspension was...
The California legislature recently passed Senate Bill 970 (SB 970) in an effort to combat human trafficking. SB 970 added Section 12950.3 to the Government Code and amended the Federal Employment and Housing Act (FEHA). FEHA already requires employers to provide...
The short answer is, "no." An employee cannot terminate a disabled or injured employee just because their FMLA leave expires. At that point, the question becomes whether continuation of the leave beyond 12 weeks is a reasonable accommodation for a disability. In other...
On May 14, it was reported that Chipotle Mexican Grill Inc. settled with a California former manager after she claimed that the company wrongly terminated her. According to the lawsuit, the woman was accused of stealing $626 from a safe at one of the company's...
Wrongfully classifying employees as independent contractors just got a lot riskier in California. Earlier this month, the California Supreme Court issued its decision in Dynamex Operations West, Inc., v. Superior Court, adopting a broad view of workers deemed...
An employee is injured on the job or needs medical care for a serious illness. He takes time away from work. The employer is not happy about this. Employers are never happy when a disabled employee needs an accommodation. Reasonable accommodations, though guaranteed...
The word "whistleblowers" is often perceived with a negative connotation. Sometimes the stigma surrounding being a whistleblower prevents employees from disclosing an employer's violation of a state or federal statute. But whistleblowers shed light to wrongs and even...
Employers in California are not required by law to provide severance pay to anyone who is laid off or terminated (some exceptions apply). However, if your employer has provided you with a severance package, you should consider negotiating your severance and release...