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Channel: Jessica R. L. James – Employment Law and Litigation
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Airline Tragedy Prompts Renewed Discussion on Employment Inquiries into...

As the world reels in the wake of last month’s shocking crash of Germanwings Flight 9525 in France, many are questioning what, if anything, the airline should—or could—have done to prevent the tragedy....

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N.D. Cal. Judge Puts a Check on Plaintiff’s Novel LinkedIn Background Check...

The federal Fair Credit Reporting Act (FCRA) has recently spawned an unprecedented number of class action complaints against employers for allegedly failing to comply with FCRA’s hyper-technical...

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It’s All Relative: A California Court Says Employers Must Accommodate...

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an...

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Who Can Sue Under the Fair Credit Reporting Act? A Claimant Must Now Have a...

On May 16, 2016, the U.S. Supreme Court issued an opinion in the closely watched case Spokeo, Inc. v. Thomas Robins et al., addressing the issue of standing under the Fair Credit Reporting Act (FCRA)....

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It’s Contagious: Paid Sick Leave and Minimum Wage Hikes Spread to Los Angeles...

Paid sick leave is on the rise, as we reported here, here, here, and here.  As we approach the one-year compliance anniversary for state-mandated paid sick leave, employers now face additional...

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California: Making Arbitration Great Again

California’s resistance to the longstanding federal policy favoring arbitration frequently results in public expressions of frustration by the justices of the U.S. Supreme Court.  In over five years...

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New FCRA Class Action Against UPS Shows Traditional FCRA Claims Alive and Well

The federal Fair Credit Reporting Act (FCRA) has created a flurry of class action complaints in recent years aimed at employers who fail to comply with the FCRA’s hyper-technical disclosure and consent...

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California’s Tightened Regulations on Considering Criminal History in...

Last year, the California Fair Employment and Housing Council proposed new regulations on an employer’s consideration of criminal history in making employment decisions. Those regulations were approved...

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Expanded Protections for Working Mothers in San Francisco

  Effective January 1, 2018, San Francisco will expand available protections for nursing mothers working within city limits. California law currently requires employers to provide lactating employees...

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Clocking In: Scheduling Laws Popularity on the Rise

In a trend that is gaining steam across the country, multiple cities and states have, or are considering adopting, laws that impose conditions and penalties on employer scheduling practices, otherwise...

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Take Out and Classification Take-Aways: Federal Court in California Finds...

In the first federal court in California to issue a rule on classification of gig-economy workers, the Northern District of California recently concluded that restaurant delivery drivers are properly...

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Baker Takes the Cake in U.S. Supreme Court’s Narrow Holding on Refusal to...

On June 4, 2018, a 7-2 United States Supreme Court in Masterpiece Cakeshop Ltd. et al. v. Colorado Civil Rights Commission et al. reversed discrimination penalties against a baker who refused to create...

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Employers: What FINRA’s Cryptocurrency Complaint Signifies For You

Last week, the Financial Industry Regulatory Authority (“FINRA”) filed its first disciplinary action involving cryptocurrencies, conforming with its stated 2018 goal of monitoring and supervising the...

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FCRA Developments: Updated Summary of Rights &“Stand-Alone” Disclosure Need...

Employers across the country should dust off their background check policies and forms and be mindful of recent developments related to the federal Fair Credit Reporting Act (FCRA). FCRA mandates...

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Say What? NLRB Seeks Guidance on Workplace Protections for Profane or...

As states continue to pass legislation focused on the workplace, employers should be mindful that federal agencies are also continuing to regulate the workplace even in the absence of new federal...

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