UPDATE: Does Your Employee Handbook Have a Lactation Accommodation Policy? (And Are You Abiding By It?)

Recently, a federal jury awarded a City of Tucson Fire Department paramedic $3.8 million after it found that the department violated the Fair Labor Standards Act (“FLSA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) when … Continue reading

Posted in Discrimination, DOL, FLSA, FMLA, Handbook | Tagged , , , , ,

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The EEOC Releases Enforcement and Litigation Data for Fiscal Year 2018

Yesterday, the United States Equal Employment Opportunity Commission (“EEOC”) released its Enforcement and Litigation Data for Fiscal Year (“FY”) 2018, which began October 1, 2017 and ended September 30, 2018. According to the data, the EEOC received 76,418 charges of … Continue reading

Posted in Discrimination, EEOC | Tagged , , , , ,

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Let’s Get Out of the Weeds: Understanding Arizona’s Medical Marijuana Laws

Can an employer terminate the employment of a medical marijuana cardholder who tests positive after a work-related injury? A recent decision tackles this question and represents a first look at the legal issues under Arizona’s medical marijuana law. Employers and their … Continue reading

Posted in Arizona, Discrimination | Tagged , , , ,

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Q1 2019 Workplace Word – Out Now!

The first edition of the Workplace Word for 2019 has been published! In this edition, we take a look at three critical issues for employers during the hiring process – Form I-9 Compliance; Disability Inclusion and ADA Compliance; and What Not … Continue reading

Posted in ADA, Discrimination, Hiring, Immigration, Snell & Wilmer | Tagged , , , , , , , , , ,

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Public-Sector Employees Are Making Lemonade Out of Lemmons

Yesterday, the Supreme Court of the United States unanimously held in Mount Lemmon Fire District v. Guido that the Age Discrimination in Employment Act (“the Act”) applies to state and local government employers, regardless of their size. The Act defines … Continue reading

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In-House Counsel Tool Kit: Employment Law Update

A common observation from in-house attorneys is that, unlike those in private practice, many lack the luxury of being able to focus on a specific area of law. Rather, they are often expected to understand and provide legal advice on … Continue reading

Posted in ADA, Discrimination, FLSA, FMLA | Tagged , , , , ,

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California enacts sweeping legislation designed to address the #MeToo movement

Governor Jerry Brown signed into law four new bills addressing harassment and discrimination in the workplace. Senate Bill 826 mandates that public companies based in California have at least one woman on their board of directors by the end of … Continue reading

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California Legislature Takes A Strong Stance in Response to #Metoo Movement

The California legislature is looking to pass a host of bills aimed at decreasing sexual harassment in the workplace and increasing rights of victims of sexual harassment: SB 820 bans confidential settlement agreements in cases involving sexual assault, sexual harassment … Continue reading

Posted in California, Confidentiality, Discrimination | Tagged , , , , , , , , ,

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#MeToo: MA Judge Accused of Sexual Harassment

The #MeToo movement is still moving along and causing victims to come forward in various industries, including the judiciary. Just yesterday (May 24, 2018), the Massachusetts Supreme Judicial Court suspended a state court Judge Thomas Estes because of his secret … Continue reading

Posted in Discrimination | Tagged , , , , , ,

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Warning: Risk of ADA Claims by Transgender Employees…Proceed With Caution

If an employee identifies as transgender, employers may want to engage in the interactive process with the employee to protect themselves against potential claims for disability discrimination under the Americans with Disabilities Act (“ADA”). But why, when the ADA specifically … Continue reading

Posted in ADA, Discrimination, Transgender | Tagged , , , , , , ,

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