Category Archives: Employment Law & Litigation

California’s New Paid Sick Leave Law: What Employers Should Know

California’s new paid sick leave law, the Health Workplaces, Healthy Family Act of 2014 (“Paid Sick Leave Law”) came into effect on January 1, 2015. Starting July 1, 2015, the new law entitles an employee to accrue up to three … Continue reading

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ADA Does Not Protect the Cantankerous

Recently, in Weaving v. City of Hillsboro, 12-35726, 2014 WL 3973411 (9th Cir. Aug. 15, 2014), a U.S. Court of Appeals addressed ADHD as a mental impairment under the Americans with Disabilities Act (“ADA”). The 9th Circuit has previously recognized … Continue reading

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Responding to EEOC Charges – Webinar

Lou Klein of Foley & Mansfield’s Los Angeles office will provide practical guidance on how employers should respond to EEOC charges at this upcoming webinar. See more at: http://clearlawinstitute.com/responding-to-eeoc-charges/    

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EEOC Expands Scope of Protections Under the Pregancy Discrimination Act With New Enforcement Guidelines

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued controversial new enforcement guidelines on pregnancy discrimination and related issues. The new guidelines greatly expand the protections afforded pregnant employees by aligning the Pregnancy Discrimination Act more closely with … Continue reading

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Lisa Lamm Bachman Obtains Favorable Defense Verdict in MN Non-Compete Dispute

Our client worked as an operations manager for a third-party logistics transportation company for six years.  During that time, she had ongoing concerns about her employer’s long-term vision and her future prospects for advancement within the organization.   As a result, … Continue reading

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E-Verify Currently Unavailable for Employee Verification

Employers:  E-Verify is currently unavailable due to the government shutdown. While E-Verify is unavailable, you will not be able to access your E-Verify account. For details, visit http://lnkd.in/bZvg6NE. For additional information or assistance on employment-based immigration matters, including I-9 compliance or … Continue reading

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Off and Running: Federal Government Releases Final Rule For Employee Wellness Programs

New federal regulations are designed to help employers trim the fat from their employee health care programs – literally and figuratively. In May the Obama administration released the Final Rule governing employee wellness programs under the 2010 Patient Protection and … Continue reading

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Minnesota Employers – Are You Ready to “Think Outside the Box”?

I must admit, I was glued to Minnesota Public Radio yesterday (May 9, 2013). Although this is not a new phenomenon for me, yesterday I was particularly eager as I awaited the historic Minnesota House vote that would take Minnesota … Continue reading

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California Supreme Court Decides Mixed-Motive Discrimination Case

On February 7, 2013, the California Supreme Court decided Harris v. City of Santa Monica, a mixed-motive discrimination case, bringing California in line with federal law.  The case is important to California employers and practitioners because up to now, California … Continue reading

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Supreme Court Rejects Bid to Review Validity of President Obama’s NLRB Recess Appointments

On February 6, 2013, the U.S. Supreme Court denied an emergency stay application filed by HealthBridge Management, LLC (a nursing home operator).   The application attempted to block a preliminary injunction issued in December 2012 by the National Labor Relations Board (NLRB).  … Continue reading

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The NLRB and Confidentiality Clauses

On January 28, 2013, an NLRB Administrative Law Judge (“ALJ”) found that even though an employer’s overly broad confidentiality clause violated Section 8(a)(1) of the National Labor Relations Act (“NLRA”), the employee’s termination did not because she was not engaged … Continue reading

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Michigan’s New Internet Privacy Protection Act (MIPPA)

Michigan recently passed the Internet Privacy Protection Act (MIPPA), which prohibits employers and educational institutions from requiring employees and students to provide passwords and login infor­mation related to personal Internet accounts. The Purpose of the Act The MIPPA protects the … Continue reading

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Same-Sex Couples Granted Protection in Deportations

The Obama administration has officially asked immigration officials to treat gay couples in deportation cases as ‘family members’ – the same as those in heterosexual relationships.  In letters sent late Wednesday to several Democratic lawmakers, Homeland Security Secretary Janet Napolitano stated that she … Continue reading

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U.S. Employers Now at Risk for OSC Penalties for E-Verify Violations

This week the Justice Department settled with Diversified Maintenance Systems, LLC, a provider of janitorial and facilities maintenance services based in Tampa, Florida. The Office of Special Counsel (“OSC”) pursued the Florida employer claiming they retaliated against one of their … Continue reading

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USCIS Releases New E-Verify Enhancements

This week the United States Citizenship and Immigration Services (USCIS) released a series of E-Verify enhancements which will go into effect immediately for all users of the E-Verify web interface. These changes appear to be subtle enhancement and not a … Continue reading

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