Posts from February 2013.

In Sanchez v. Swissport, Inc., the California Court of Appeal addressed for the first time the following question: Can an employee who exhausted all of her available leave under the California Pregnancy Disability Leave Law (“PDLL”) who was terminated when she was unable to return to work after exhausting all available PDLL leave state a claim for alleged sex discrimination or disability ...

In perhaps the first case to employ jury instructions based on the California Supreme Court’s recent holding in Harris v. City of Santa Monica that a plaintiff alleging discrimination in violation of the California Fair Employment and Housing Act (“FEHA”) must prove that discrimination was a “substantial factor” motiving the challenged action of the employer and not just a factor, in Rodriguez ...

On February 7, 2013, the California Supreme Court issued a much-anticipated decision that significantly impacts the ability of employees to prove their employment discrimination claims and recover damages under the California Fair Employment and Housing Act (“FEHA”).  In Harris v. City of Santa Monica (Los Angeles County Superior Court, Case No. BC341469), a bus driver alleged the City of Santa ...

A new year often presents a suitable opportunity to review important employment policies. Although policies concerning the “acceptable use of electronic resources” were a novelty only a decade ago, they have now become so common that employers may neglect to review them from time to time to be sure they are still current. A policy written in 2005 could be out of date if it does not accommodate advances in ...

On January 25, 2013 the Court of Appeals for the District of Columbia Court of Appeals refused to enforce an NLRB ruling involving unfair labor practice allegations against employer Noel Canning.

In a dispute with Constitutional and political implications, the Court ruled that two of the three members of the NLRB panel, whose ruling was appealed, were not validly appointed. The appointment and authority ...

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