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...
Wrongful Termination
Employer Ordered Disability Related Inquiries and Medical Exams in the Wake of Covid-19.
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 Suspends WARN Act Notice for Mass Layoffs
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...
Hotel Employees Required to Undergo Human Trafficking Awareness Training (SB 970)
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...
Can an employer terminate an injured or disabled employee because their 12 weeks of FMLA leave expired?
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...
Chipotle settles wrongful termination claim with former manager
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...
Have You Been Misclassified as an Independent Contractor?
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...
Hiring the first lawyer in a Google search could cost you millions
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...
Whistleblowers promote public safety and a lawful working environment
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...
Should I sign my employer’s release form in exchange for severance pay?
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...