Certain to become a major factor in employment litigation, an opinion issued by the U.S. Supreme Court on March 23, 2020 clarifies the burden for plaintiffs to meet in discrimination claims filed under 42 U.S.C. §1981. Here are the top 5 takeaways of this case for employers.
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5 Critical Lessons from Comcast Corp. v. Nat’l Ass’n of African American-Owned Media Posted on: March 30, 2020 In: Labor & Employment
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AB 2355 Aims to Make Medical Cannabis Users a Protected Class in California Posted on: March 27, 2020 In: Labor & Employment
California Assembly Member Rob Bonta recently introduced Assembly Bill 2355 (AB 2355), which, if enacted, would make medical cannabis users a protected class in California. California was the first state to legalize medical cannabis in 1996, but AB 2355 is not the first legislation of its kind.
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Anti-Harassment Policy No Longer Enough? How the Landscape is Changing for Employers Defending Against Sexual Harassment Liability Posted on: March 24, 2020 In: Labor & Employment
An anti-harassment policy is the cornerstone of protecting the workplace from sexual harassment. This is especially true following the #MeToo movement, which took social media platforms and various media outlets by storm beginning in 2017.
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Five Pointers for Enforcing a Non-Compete Agreement in Texas Posted on: March 19, 2020 In: Labor & Employment
Partner Kristopher M. Stockberger provides some tips on how to ensure a non-compete agreement in The Lone Star State is fully enforceable.
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What an Employer May Screen in the Time of COVID-19 Posted on: March 19, 2020 In: COVID-19 Response
In this time of extra precautions, closing businesses, and social distancing, employers are doing their best to protect the public and their workers. Some businesses, however, are unable to close their doors and/or serve a valuable public purpose. For those employers, they seek any and all available methods to ensure safety. Some of those measures, however, may violate various laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
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Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 Testing Posted on: March 12, 2020 In: COVID-19 Response
On March 11, 2020, the Colorado Department of Labor and Employment (CDLE) issued emergency rules, referred to as Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, requiring employers in certain industries to provide four days of paid sick leave to employees with flu-like symptoms while awaiting test results for COVID-19.
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Ninth Circuit Holds Prior Salary Alone or in Combination with Other Factors Cannot Justify Gender Pay Gaps Under The Equal Pay Act Posted on: March 11, 2020 In: Labor & Employment
On February 27, 2020, the Ninth Circuit in Rizo v. Yovino held that an employer cannot rely on an individual’s prior salary alone or in combination with other job-related factors to justify a wage disparity between a male and female employee when defending against an Equal Pay Act (EPA) claim. The EPA prohibits employers from paying male and female employees differently for the same work, with a few exceptions, including when a pay difference is based on a “factor other than sex.”
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Four Tips to Mitigate Employee Whistleblower Claims in Healthcare Posted on: March 05, 2020 In: Labor & Employment
Employees are an employer’s largest potential liability. This is especially true for employers in the healthcare industry who participate in federal healthcare programs. Federal law, and some states, allows employees to bring a civil lawsuit against employers for alleged violations of federal law. Whistleblowers are particularly active in healthcare. 86% ($1.909 billion) of all whistleblower recoveries were recovered in the healthcare space.
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CBD in the Workplace & Potential Changes to Kentucky Law Posted on: March 03, 2020 In: Labor & Employment
Compared to other states, marijuana laws in Kentucky are stringent, even for qualified medical patients. However, in 2017 the state’s legislature afforded statewide legal status for the consumption and retail sale of CBD products. Under state law, as long as CBD is derived from industrial hemp and less than 0.3% THC, it is legal to own CBD oil in Kentucky.
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