Employers are no longer at the mercy of striking unionized employees. A union’s actions during a strike are not absolutely protected under the National Labor Relations Act (“NLRA”), and it is not an absolute right. Rather, Unions will be held liable to employers for damages if they intentionally caused employers to suffer damages during a strike.
Read MoreTitle VII of the Civil Rights Act of 1964 requires employees to reasonably accommodate employees’ religious beliefs but only only if doing so would not impose “undue hardship on the conduct of the employer’s business.” The old rule has been rejected by the U.S. Supreme Court and employers must now do more to accommodate employees’ religious beliefs. Employers should take all requests for reasonable accommodation more seriously and err on the side of caution.
Read MoreWith the rise of COVID-19 cases in recent weeks, COVID-19 has entered the discussion nationally and locally. Many schools, businesses, and sports establishments are again mandating that students, employees, and customers wear masks. Employers can breathe a sigh of relief because California’s highest court has recently held that employers cannot be held liable for “take home COVID” where an employee contracts COVID at work and passes it on to a household member.
Read MoreCOVID-19 is in the news again, and many businesses and schools are bringing back the mask requirements. Employers may be interested to know that the city council in Huntington Beach, California votes to ban mask and COVID-19 vaccination mandates in the city. With such a staunch stand against COVID restrictions, local employers may be hard pressed to require masks and proof of vaccination.
Read MoreEmployers can be held liable for sexual harassment based on the type of music that is played in the workplace for all to hear. Sexual harassment is now so broadly defined that the music does not need to target any one person and can be simultaneously offensive to both men and women. Employers should regulate the type of music employees may be allowed to play in the workplace – or limit the type of music to a predetermined list of songs or music channel.
Read MoreRecently in February of 2023, in a rare moment of support for the California employer, a California appellate court explicitly held that the employer is not liable for waiting time penalties or wage statement penalties if, at the time, the employer had a good faith dispute as to whether or not the employee was entitled to additional wages.
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