In meaningful numbers, employers across the U.S. who are rebuilding their workforces are being sued by employees not recalled from COVID furloughs and applicants not hired. Last week, I posted
Continue Reading Hiring During the Pandemic: Employers Must Plan Defensively
One of the hottest issues in employment law is Whistleblowing.
Continue Reading Whistleblower Protections: Don’t Fire the Messenger!
Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims.
Continue Reading Eight Steps to Avoid Getting Sued Over Your Investigation
There’s a saying that “Bad facts make bad law.” At least that’s the way I was taught it. A different version: “Hard cases make bad law” has its own Wikipedia
Continue Reading 9th Circuit Lets Employee Sue Employer’s Lawyer for Retaliation
I was recently invited to contribute a chapter on employment law to the 2017 Israel Desk International Legal Guide. As more and more Israeli companies bring their operations to the
Continue Reading Six Trends in U.S. Employment Law
The Equal Employment Opportunity Commission issued its new “Enforcement Guidance on Retaliation and Related Issues” on On August 25, 2016. Careful readers will be able to deduce from
Continue Reading 10 Things That the EEOC’s New Retaliation Guidance Considers “Protected Activity”
With minimal public commentary, the Department of Fair Employment and Housing has passed new regulations broadening and strengthening the Fair Employment and Housing Act. While it’s too late to (officially)
Continue Reading No Fooling: Stronger Anti-Harassment Regulations Take Effect in California on April 1st
The Equal Employment Opportunity Commission reports that, in fiscal year 2015, 44.5% of the charges it received alleged retaliation. That makes retaliation the most popular charge it received by a
Continue Reading Retaliation Remains the Most Popular EEOC Charge
Can California employers require employees who request paid sick leave to provide a note from their doctors? I addressed that question last May in response to a webinar put out
Continue Reading Can CA Employers Require A Doctor’s Note for Paid Sick Leave (Part 2)
I was recently reviewing the Department of Fair Employment and Housing’s Annual Report (don’t you wish you were me?), and saw that the DFEH received 17,632 complaints of employment discrimination
Continue Reading 6 Ways to Avoid Retaliation Claims