Employment Law

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A California sales executive is suing her employer after she was fired for disabling an app on her company-provided iPhone that tracked her whereabouts even during nonwork hours.
Q. An employee with epilepsy wants to bring a dog to work to assist her in the event of a seizure. Our business is not conducive to having animals at work. Must we permit her to bring her dog?
Surviving relatives of employees who were exposed to nuclear radiation at a La Jolla defense contractor’s facility are now eligible for compensation.
When it comes to circumventing the Fair Labor Standards Act, innovation may be born of hardship. The latest employer scheme to avoid paying overtime, workers’ comp premiums and payroll taxes comes out of Utah and Arizona, where several jointly owned construction firms have been requiring employees to become “member/owners” of the businesses.
Two recent decisions from the Supreme Court of Texas and the 5th Circuit Court of Appeals are reminders that, under Texas law, it is difficult for employers to waive arbitration agreements.
The Supreme Court of the United States has ruled that premium tax credits are available to all qualified individuals, regardless of whether they buy health insurance through a state or federal exchange. The ruling leaves intact the employer free-rider penalties in the 34 states that have not established state exchanges. The case is King v. Burwell, No.  12-114.

Employers aren’t supposed to retaliate against employees who file wage-and-hour complaints against their employers. For quite some time now, there has been confusion over two things: first, whether the employee has to make a written complaint, and second, whether the complaint has to be made to a governmental agency like the Department of Labor. Now the 2nd Circuit Court of Appeals, which covers New York employers, has settled the issue.

On April 29, the U.S. Supreme Court issued its unanimous decision in Mach Mining v. EEOC, a case that set new standards for challenging whether the EEOC engaged in a good-faith conciliation process before suing. In the wake of the decision, employers can expect more pre-litigation outreach from the EEOC.
Recent changes to the Minnesota Whistleblower Act and the way in which Minnesota courts interpret it should put employers on watch. Late last year, the Minnesota Court of Appeals extended the statute of limitations for MWA claims from two to six years. The ruling comes on the heels of 2013 amendments to the MWA, which, plaintiffs argue, expand the scope of the statute’s coverage.
Here are seven hot-button topics that California HR leaders should stay on top of. Practical advice will help you comply with a shifting employment law landscape.
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