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In a landmark decision, the California Supreme Court recently granted same-sex couples the right to marry, In re Marriage Cases, No. S147999 ( Cal. May 5, 2008). In addition to the right to marry, the Court’s decision...
May 28, 2008
Employment Discrimination
Pair of Supreme Court Rulings Sustains Workers’ Retaliation Claims
On May 27, 2008 the United States Supreme Court issued two decisions in favor of workers who faced retaliation after complaining of employer discrimination based on their race and age. Neither of the two federal statutes at...
Mar 10, 2008
Labor Relations
California Appeals Court Finds Wrongful Discharge Claim Preempted by the NLRA
In Luke v. Collotype Labels USA, Inc., 159 Cal. App. 4th 1463 (2008), the California Court of Appeal found that a terminated employee’s claim for wrongful termination in violation of public policy was properly dismissed...
New York, like most states, has long adhered to the rule of “employment at will.” Absent employment for a specified term, or an unlawful purpose for termination, an employee may be terminated at any time and for any...
Feb 13, 2008
Employment Termination
California Supreme Court Rules That Employers Have No Duty to Accommodate Medical Marijuana Use
In a 5-2 decision, the California Supreme Court has ruled that employers can refuse to hire applicants and can terminate employees who use illegal drugs, including those who use marijuana for medical purposes. Ross v....
Feb 06, 2008
General Employment Issues
FMLA Amendments Expand Availability of Leave to Care for Service Members
On January 28, 2008, the Family and Medical Leave Act of 1993 (the “FMLA”) was amended to extend the leave benefits available to armed services members’ families. Under the FMLA, employees of covered employers are...
The United States Citizenship & Immigration Service (USCIS) recently released a new I-9 Employment Eligibility Verification Form, which replaces the prior version of the Form I-9. All employers, as well as companies who...
California labor and employment law saw significant changes on January 1, 2008. However, Governor Schwarzenegger vetoed several bills that would have placed significant obligations on California employers in such areas as...
Jan 17, 2008
General Employment Issues
Effective January 1, 2008, California Employers Are Required To Provide Notice Of The Income Tax Credit Notification
Effective January 1, 2008, Assembly Bill 650 requires California employers to provide written notice to their employees of their possible right to an Earned Income Tax Credit (EITC). This requirement applies to all...
Jan 06, 2008
Labor Relations
NLRB Rules That Employers May Restrict Employees’ Union Solicitation on Company E-Mail
In a long-awaited decision, the National Labor Relations Board (the “NLRB”) has ruled that an employer may lawfully prohibit its employees’ use of company e-mail to solicit support for outside businesses and...