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California Employers Must Be Proactive with Arbitration Agreements

By Carolina A. Schwalbach, Carothers DiSante & Freudenberger LLP In 2011, the U.S. Supreme Court held class arbitration waivers to be enforceable, and since then, many arbitration agreements have been modified to include such waivers. Doing so has allowed employers to streamline the resolution of disputes that otherwise would be in an overburdened court system […]

California Gets an ‘A’ in FMLA Protections

A recent state-by-state analysis shows that not many states have expanded on the Family and Medical Leave Act’s (FMLA) unpaid leave protections or adopted other policies to help expecting and new parents who are employed. However, California received all ‘A’s for the state’s paid leave policy efforts.

North Korea has banned sarcasm. Whatever.

In case you haven’t seen the news, no, the title is not a joke. The last word, however, is probably illegal now in North Korea (not that I worry much that this post is making it through the Hermit Kingdom’s web filters). First, a little background. North Korea’s government, as we all know, displays two consistent […]

Did Employer Fail to Accommodate Injured Employee?

By Kelly Smith-Haley, Fox Swibel Levin & Carrol LLP A recent case is a useful reminder that employers may in some circumstances require an employee seeking an accommodation or seeking to return to work following a leave to provide supporting medical evidence. But understanding all of the nuances of when employers can and can’t ask […]

EEOC’s Position on Sexual Orientation Discrimination

Yesterday we looked at how the 7th U.S. Circuit Court begrudgingly decided that banning sexual orientation discrimination isn’t guaranteed by law. Today we’ll take a look at how the EEOC looks at the same issue. EEOC’s Position The Hively court also said it was noteworthy that the U.S. Equal Employment Opportunity Commission (EEOC), which enforces […]