Hiring, Discipline, Termination

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year.  All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted.
Continue Reading New Employment Laws to Look Out for in 2021

Amid the United States’ growing opioid crisis, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on employers’ obligations under the Americans with Disabilities Act (“ADA”) regarding job applicants or employees who legally use opioid medications or who have a history of addiction to opioids.  The guidance is not new policy; rather, the guidance applies principles already established under both the ADA and previously-issued EEOC guidance.
Continue Reading EEOC Issues Guidance on Employee Opioid Use and the Americans With Disabilities Act

In a continuing trend that began with the launch of the MeToo Movement, the California legislature recently passed Assembly Bill 171, another proposed law designed to expand safeguards for employees who have been the victims of sexual harassment. This latest measure follows California’s enactment of a new law in 2017, which, as we discussed in a previous article, requires that employers provide all new (and certain current) employees with an explanation of rights for victims of sexual assault and stalking.
Continue Reading Coming Soon? Expanded Employment Protections for Victims of Sexual Harassment

Sauce for the goose is sauce for the gander? Not necessarily. The Ninth Circuit and California Court of Appeals recently decided two cases that substantially limit the scope and application of freedom of religion rights rooted in the U.S. Constitution. Together, these cases narrow the definition of the term “minister,” and expand the spectrum of employment law claims which may be brought against a religious employer. This new interpretation of freedom of religion rights may be difficult to reconcile with existing law from the U.S. Supreme Court which bars a minister from bringing employment discrimination claims against a religious employer.
Continue Reading Ninth Circuit and California Court of Appeals Rule on Freedom of Religion Rights

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All California employers with at least 25 employees must be in compliance, effective July 1, 2017.
Continue Reading Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

The Equal Employment Opportunity Commission (“EEOC”) recently announced new nationwide changes to the procedures relating to its investigation of administrative charges filed against employers. When an individual files a charge against an employer, the EEOC may ask the employer to submit a position statement responding to the allegations, typically within 30 days.  Under the old system, the procedure for handling these position statements varied based on the local practices of each EEOC District Office.  The new system establishes a uniform nationwide procedure for all requests for position statements made on or after January 1, 2016. 
Continue Reading You May Want To Reconsider Your Position – EEOC Announces New Procedure to Handle Administrative Charges Against Employers

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016.  Some of these laws impose new prohibitions on employers, while others provide positive benefits such as safe harbors, cure provisions, and employer incentives for reclassification of certain independent contractors.  This update highlights key provisions in some of the new laws taking effect January 1, 2016.  Links to the statutes are provided.
Continue Reading New Year, New Rules For Employers Doing Business in California

The Second Circuit recently released a summary order in Three D, LLC v. NLRB affirming the National Labor Relations Board’s (the Board) ruling that a Facebook “like” can be construed as concerted activity under Section 7 of the National Labor Relations Act (the Act).
Continue Reading Second Circuit Holds That Facebook “Like” May Be Concerted Activity Under Section 7 of the NLRA

On September 10, 2015, the Fair Chance Act (the “Act”) was introduced by a bipartisan group of legislators from both houses of Congress. The Act would prohibit federal contractors and agencies from inquiring into an applicant’s criminal history prior to a conditional offer of employment.  The proposed legislation would allow an employer to conduct a criminal history check after the conditional offer, and does not prohibit an employer from revoking the conditional offer on the basis of such findings.
Continue Reading Proposed Federal “Ban the Box” Legislation Receives Bipartisan Support

On Wednesday, June 10, 2015, the New York City Council approved a bill that will strictly regulate how employers in New York City (with at least four employees) may conduct criminal background checks.  Mayor Bill de Blasio is expected to sign the bill, which will go into effect 120 days after enactment.  The bill comes on the heels of the City’s ban on most forms of applicant background credit checks, which we reported on here, and which Mayor de Blasio signed into law on May 6, 2015.
Continue Reading NYC Council Votes to Sharply Restrict Employer Use of Criminal Background Checks

On April 16, 2015, the New York City Council (the “Council”) passed a bill (Int. 0261-2014) prohibiting employers from requesting or using the consumer credit history of an employee or job applicant when making employment decisions (the “Bill”).  More specifically, the Bill would make it a discriminatory practice to request or use the consumer credit history of applicants or employees by amending the City’s Human Rights Law to include the following provision:
Continue Reading NYC Council Votes to Ban Employers from Conducting Credit Checks