In late March, the United States Supreme Court granted certiorari involving a case that could have a nationwide impact on lawsuits brought under Title III of the Americans with Disabilities Act (“ADA”). The case, titled Acheson Hotels, LLC v. Laufer, invo…lnkd.in/gUzTiHJp

President Biden has ended the COVID-19 National Emergency. However, the rollback of COVID-19 requirements was already underway in many state and municipal legislatures. As such, employers are now figuring out which COVID-19 requirements remain and what th…lnkd.in/db9dCcpa

New Cannabis Laws in California and Washington On September 18, 2022, California amended its primary employment discrimination law to specifically regulate the drug testing methodologies that employers may use when making hiring, termination, and other e…lnkd.in/gWSC9REv

EEOC Examining Attendance Policies for ADA Violations Do you have a “no-fault” attendance policy? If so, be cautious. A new Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc., hints that the Equal Employment Opportunity Commission (EEOC) w…lnkd.in/gBG7GGkg

The End of the COVID-19 National Emergency Means Significant Adjustments for Employers May 11, 2023, marked the end of the COVID-19 public health emergency that first began on March 13, 2020. The national emergency’s ending marks the beginning of several…lnkd.in/eRH7Za3V

Are You Reimbursing Your Employees For The Necessary Usage of Their Personal Cell Phone and Internet Plans? In California, employees must be reimbursed for any necessary expenses they incur in carrying out their job duties. (Lab. Code, § 2802.) The COVI…lnkd.in/g74SER4u

Is a staffing employer required to immediately pay final earned wages to a temporary employee whose assignment ends due to their being terminated by a client employer but where the temporary employee remains an employee of the staffing agency? No, held a…lnkd.in/gHCR85kp

Guidance Regarding Employer Vaccine Mandates In Hodges v. Cedars-Sinai Medical Center, the Plaintiff, Deanna Hodges, was employed by Cedars-Sinai Medical Center (Cedars) in an administrative role with no patient care responsibilities. As a condition of h…lnkd.in/gnPtNvhe

This is the day we pay homage to all those who didn’t come home. This is not Veterans Day; it’s not a celebration; it is a day of solemn contemplation over the cost of freedom. And if words cannot repay the debt we owe these men, surely, with our actions…lnkd.in/gHHYNFyJ

Artificial Intelligence Programs Can Put You at Risk for Discrimination Lawsuits Just like the HAL 9000 on Discovery One, Artificial intelligence (AI) can cause problems. For many, it was a surprise when AI hiring algorithms appeared to replicate human b…lnkd.in/gYGPjymH

Labor Board Declares Most Non-Compete Agreements Violate Labor Law There was much consternation among employers earlier this year when the Federal Trade Commission (FTC) announced potential rulemaking that would render non-compete agreements illegal in m…lnkd.in/gWSKGeMC

Slim Shady’s Days May Be Numbered in the Workplace Fed up with hearing “very offensive” songs like Eminem’s “Stan” and Too $hort’s “B*job Betty” on the job, Stephanie Sharp and several other employees filed a hostile work environment claim under Title VI…lnkd.in/g5mi3NMc

Supreme Court Rules that Union May Be Liable for Damage Caused by Strike Glacier Northwest, Inc., a company that delivers concrete to customers, sued the International Brotherhood of Teamsters Local Union No. 174 in Washington state court for intentional…lnkd.in/ejt_HdZT

Strippers at an LA Bar are Poised to Unionize The National Labor Relations Board (NLRB) has many remedies at its disposal. Many may be surprised, for example, to learn that the agency can sometimes force a shuttered business to re-open. At issue in thi…lnkd.in/gcwgAKW9

California’s Grant Program for COVID-19 Supplemental Paid Sick Leave The COVID-19 State of Emergency may be over, but many employers still feel the pandemic’s economic effects. In 2022, when COVID-19 Supplemental Paid Sick Leave (…lnkd.in/gr3aR2k3 caspsl.com

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U.S. Supreme Court Increases Employer Burden for Religious Accommodations On June 29, 2023, in Groff v. DeJoy, the United States Supreme Court unanimously heightened the standard for employers to demonstrate “undue hardship” under Title VII, holding that…lnkd.in/gGjeSe4d

Court Enjoins Enforcement of California Privacy Rights Act Regulations On June 30, 2023, a California court enjoined, until March 29, 2024, enforcement of the final regulations implementing the California Privacy Rights Act (CPRA). Importantly for employ…lnkd.in/gmtMcEvn

What to Do With a Terminated Employee’s Things? Throwing them out is not the proper solution, according to the 4th Circuit Court of Appeals. In Robinson v. Priority Automotive Huntersville, Inc., two employees quit and sued their employer. In addition t…lnkd.in/gswgUetZ

Employers Must Update the Mandatory EEOC Poster Again The federal Equal Employment Opportunity Commission has released a revised “Know Your Rights” poster (dated June 27, 2023), now including a reference to the new Pregnant Workers Fairness Act. This ver…lnkd.in/g5vKHNjz