California is complicated for employers — and a recent case, Viking River Cruises, Inc. v. Moriana, is just one more example.
The Private Attorneys General Act of 2004 (PAGA) authorized California employees to sue employers for violations of California’s labor code. An individual can bring an action on behalf of himself or herself and
Let’s say you are tired of your current position and want to try something new with the same employer. You apply for a job transfer, and you are turned down. Then you find out that other people were able to make the move more easily. If those other people are of a different race or sex or other
In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana metabolites but you find out later it was a positive for CBD oil (a legal substance)? Does federal
There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s change of DOL rules, it can be hard to follow. This week, the Second Circuit Court of
Both the House and Senate have approved a bill that allows victims of workplace sexual assault and sexual harassment to take their claims to court instead of being forced to arbitration. In a rare show of bipartisanship, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. As of right
We are all familiar with the phrase “No good deed goes unpunished.” That apparently is the theme of an Eighth Circuit opinion reviewing an employee’s suit alleging that she was improperly denied an accommodation under the ADA. In Leah M. Powley v. Rail Crew Express, the plaintiff had requested accommodations for a disability eight
What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of dismissal with prejudice. Other times, a plaintiff may choose to unilaterally dismiss a claim
As we all know, the Supreme Court stayed the COVID-19 vaccine mandate for employers with 100 or more employees. As of today, OSHA has withdrawn that emergency temporary standard.
The announcement notes that:
Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS
In an opinion stating that they believe that opponents of the OSHA ETS on Vaccinations and Testing will be successful in their challenge to that standard, the U.S. Supreme Court today reinstated federal court stays that had been entered against enforcing that ETS. These stays, however, only apply to the portion of the ETS that
In light of the difficulty of test scheduling and concerns about costs to consumers, the Biden administration this week announced that the Department of Health and Human Services will require private health insurance and group health plans to cover the cost of over-the-counter, at-home tests purchased by individuals. That requirement will go into place on