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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 Americans with Disabilities Act. The question asked was HOW ESSENTIAL IS SHOWING UP FOR…
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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 which may be enforceable under the laws of the non-California state. So the question in…
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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 Budget Reconciliation Act (COBRA) statutorily mandate employers to continue the current employment-based health care plan.[2]…
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Can an Employee Be “At-Will” for a Specified Term?

Most employers and employees will agree that if they do not specify the term (or length) of employment, the employment relationship is “at-will”  — that is, either the employer or the employee may end the relationship at any time for any reason (except for terminations in violation of public policy). In fact, California Labor Code…
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How to Handle a Request for Military Leave

Many workforces include active members of the military. When an employee notifies an employer of an absence from work due to military service, a letter should be sent to the employee thanking them for the advanced notice (which is not legally required) and confirming the beginning date of the leave. To make sure of the…
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Protections Against Employee Claims

4 Reasons Why Employment Practices Liability Insurance (EPLI) Policies Protect Your Company Against Unforeseen and Unbudgeted Risks 1.  Employment Lawsuits Are on the Rise In California, court filings increased by 20% over the past decade. In 2009, contract disputes and employment claims rose by 25%. Lawsuits claiming more than $25,000 increased by 17%. California businesses…
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Protecting Trade Secret and Proprietary Information from Disclosure

Business law attorneys are frequently dealing with accidentally or intentionally disclosed confidential, proprietary and trade secret information to someone outside the business. Employees often inadvertently disclose proprietary information as they market their expertise and background. This often creates an undue risk to companies’ proprietary information and trade secrets. According to one survey of US companies…
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How to Handle Employess During Wild Fire Evacuations

Employment Issues Raised By California Fires With the disruption caused by the recent fires, employers are left with the difficult task of managing employees. Wild fires raise at least two significant questions for employers in Southern California: (1) With mass evacuations and business closings, what are an employer’s obligations to compensate employees for days of…
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