7th circuit 9th circuit affordable care act agreements appellate artificial intelligence ban the box business california california supreme court civil action cobra colorado compensation compliance confidentiality conflict waivers criminal action criminal background checks data security discrimination double representation drug policy employee handbook employee misconduct employee rights employee status employers employment employment agreements employment application employment law equal pay essential employees exempt employee exemptions exemption test family care firing first amendment flsa free speech hacking harassment health coverage health insurance hiring human resources inclement weather information security information technology insider threat investigation labor and employment lay off marijuana medical leave medical loss ratio medical marijuana me too minimum wage misconduct new jersey non-competition non-solicitation notice requirements offer of employment on-call overtime payroll petition pregnancy disability leave premium rebate rate of pay reasonable accommodation policy reduction in force regulations retaliation retention seasonal workers secret sauce settlement sexual harassment small employers smartphones strikes supreme court technology termination tipped employees title vii trade secrets unions wages washington white collar work policy writ written consent zero tolerance