News & Analysis as of

Documentation Wage and Hour Retaliation

Constangy, Brooks, Smith & Prophete, LLP

“If we do it for you, we’ll have to do it for everybody”: 4 worst practices for employers

Accommodate, accommodate, accommodate! I started practicing law two years before Congress enacted the Americans with Disabilities Act (1990), and four years before it took effect (1992 for larger employers, 1994 for smaller...more

Constangy, Brooks, Smith & Prophete, LLP

The termination wasn't perfect, but this employer nailed the retaliation case.

Here are the four things the employer did right. I hope everyone had a fun Halloween last night. And before Halloween gets too far into the distant past, check out this scary HR story: A full-time adjunct instructor at the...more

Fox Rothschild LLP

Retaliation Claims Will Be Even Easier to Allege in 2024

Fox Rothschild LLP on

I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more

Amundsen Davis LLC

Putting Your Business In A Strong Position To Defend Against Employment Discrimination Claims

Amundsen Davis LLC on

Many—if not most—employment discrimination and retaliation lawsuits involve a company’s decision (a) to terminate or otherwise discipline an employee or (b) not to hire a particular applicant. And the reason why the company...more

Constangy, Brooks, Smith & Prophete, LLP

The Insidious Deception That Is "Employment At Will"

Employers, don't get played. "This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Oh, yeah?... ...more

Constangy, Brooks, Smith & Prophete, LLP

Employers Can Mandate COVID Vaccines, But Don’t Forget FEHA!

A welcome clarification. May an employer require its California employees to be vaccinated against COVID-19? According to recent guidance from the state Department of Fair Employment and Housing, the short answer is yes....more

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