Category Archives: Employment & Labor

Articles Related to Employment & Labor

Can an Employee Opt-Out of an Attendance Policy as a Reasonable Accommodation under ADA?

On April 11, 2012, the United States Court of Appeals for the 9th Circuit (which includes California) issued another employer friendly decision.  In Samper v. Providence St. Vincent (9th Cir. 10-35811 4/11/12), the limits of an employer’s attendance policy were tested under the … Continue reading

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CA Supreme Court Holds Employers Are Not Required to Police Meal Breaks

Today, the California Supreme Court issued its long awaited decision in Brinker Restaurant Corp. v. Super. Ct. (SC S166350) holding that the nature of an employer’s duty to provide meal periods is an obligation to relieve an employee of all of his or … Continue reading

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Can Out-of-State Employers Enforce Non-Competition Restrictions in California?

It is becoming commonplace for California employees to be employed by out-of-state employers.  In some situations, the out-of-state employer will take advantage of the more employer friendly laws of the non-California venue and require the employee to sign non-compete agreements … Continue reading

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Military Leave Medical Benefits Choice: USERRA or COBRA?

When employees take a leave of absence for military service, they are entitled to continue the health plan provided by their employer pursuant to two relevant statutes.[1] The Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Consolidated Omnibus … Continue reading

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Good News for Employers: Employees Cannot Double Dip in both State and Federal Court

In the recent federal case of White v. City of Pasadena (9th Cir. 08-57012 1/17/12) the federal court ruled that it would not re-hear the same claims brought and lost in state court by a disgruntled employee. After being terminated from … Continue reading

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