California: Failing to Return from Leave and Intermittent Leave

?Should an employee notify a California employer that he or she will not be able to return to work upon the expiration of Family and Medical Leave Act (FMLA)/California Family Rights Act... Read more »

California: Obligations of an Employer When an Employee Requests Leave

?Within five days of receiving all required information, a California employer needs to determine whether a leave is covered by the Family and Medical Leave Act (FMLA), the California Family Rights Act... Read more »

Law Protects Florida Companies Who Aid Gig Workers in Emergencies from Misclassification Claims

?The pandemic has taught employers that flexibility is key to survival—and thanks to a new law just signed into effect on May 11, Florida employers will not have to worry that any... Read more »

Cal/OSHA Proposes Revisions to Workplace Violence Prevention Requirements

?On May 17, the California Division of Occupational Safety and Health (Cal/OSHA) released a revised discussion draft of a proposed regulation for workplace violence prevention in the general industry standards. If adopted, the regulation... Read more »

Illinois Issues Proposed Regs on Equal Pay Registration Certificate Requirements

?The Illinois Department of Labor (IDOL) has, at long last, issued proposed rules implementing its equal pay registration certificate (EPRC) requirements. As a reminder, Illinois is setting deadlines for covered employers to apply for certification... Read more »

California: Obligations of an Employee Taking Leave

?Under both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), an employee is required to provide at least 30 days’ notice of the need for leave... Read more »

Court Rules Job Applicants Don’t Have Right to Explain Accurate Background Checks Under FCRA

?Employers covered under the 8th U.S. Circuit Court of Appeals are not necessarily required under federal law to provide job applicants with criminal convictions a chance to explain a negative background check... Read more »

Voluntary Leave of Absence Does Not Qualify as an Adverse Employment Action

?Takeaway: To take advantage of the Faragher/Ellerth affirmative defense against sexual harassment, an employer must prove both that it acted reasonably to prevent and correct sexual harassment and that the employee unreasonably failed to act by not using... Read more »

Failure to Use Progressive Discipline Dooms Hospital’s Summary Judgment Motion

?Procedural deviations during a hospital employee’s suspension and disciplinary hearing, including the lack of progressive discipline required by a collective bargaining agreement, could support an inference of retaliatory motivation related to her... Read more »

Court Revives Temporary Worker’s Claim Against Contractor’s Client

?Takeaway: A company can potentially avoid being subject to federal employment laws by having contractors supply staff for events. However, the company should avoid dictating contractor staffing decisions or else the company... Read more »