7th circuit 9th circuit affordable care act after-acquired evidence agreements appellate artificial intelligence ban the box business california civil action civil rights cobra colorado compensation compliance conflict waivers criminal action criminal background checks data security discrimination double representation drug policy economic loss rule employee handbook employee misconduct employee notices employee rights employee status employers employment employment agreements employment application employment law equal pay equal pay act essential employees exempt employee exemptions exemption test family care firing first amendment flsa free speech hacking 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 minimum wage misconduct new jersey non-competition non-disclosure 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 reporting-time retention seasonal workers secret sauce settlement sexual harassment small employers strikes supreme court technology termination tipped employees title vii trade secrets unions wages washington white collar work policy writ zero tolerance