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Retaliation: Ninth Circuit Rules on ‘Cat’s Paw’ Liability; How to Ensure That One Supervisor’s Bias Doesn’t Taint Another’s Decisions

In an old fable, a monkey convinces an unwitting cat to scoop out chestnuts from a burning fire. As the cat gathers the chestnuts one by one—and burns its paws in the process—the monkey, unbeknownst to the cat, eagerly gobbles them down. Borrowing from this story, courts have used the term “cat’s paw” to describe […]

It’s Baack! Shedding a Light on a Twice-a-Year Problem

There is a problem twice a year that could be worse for your employees than their 6-month performance reviews—and has them in physical danger! With workstations in cube farms often out of view of an outside window, you know that proper lighting is essential to productivity and wellness. However, what your employees go through when […]

New Data Reveals How Recruiters Can Overcome Today’s Evolving Job Market

Competition for talent remains tight in today’s uncertain hiring landscape, with the latest Job Openings and Labor Turnover Summary (JOLTS) report sharing that job openings have increased to 10.7 million. And while talks of a recession and hiring slowdown dominate the narrative, employers will continue to experience challenges in attracting and hiring high-quality candidates for […]

Overcoming the Motherhood Penalty with Innovative Benefit Design

It’s well established that working mothers experience the ‘motherhood penalty’ including workplace disadvantages around pay, advancement, and benefits. While one company cannot change this for all working mothers, it’s the responsibility of leaders to make their organizations a place where women want to work and will feel supported, elevated and appreciated. Companies must build company […]

Case Study: CA Supreme Court Rules Gig Economy Drivers Are Independent Contractors

After nearly four years of court battles, Proposition 22—also known as the Protect App-Based Drivers and Services Act—has been upheld by the California Supreme Court. The voter-enacted law allows drivers for app-based transportation and delivery companies—also known as “network companies”—to be classified as independent contractors, as long as several conditions are met. Summary of Proposition […]

A Comprehensive Grievance Procedure

Yesterday, we looked at some of the elements your employee handbook should include. Today, we’ll take an in-depth look at what your grievance procedure should look like, courtesy of attorney Peter Panken of Epstein Becker & Green, PC. We’ll also tell you how you can get a comprehensive collection of 101 California-specific employee handbook — […]

More Workers Are Seeking New Jobs While on the Clock

Facebook founder and CEO, Mark Zuckerberg once said, “Treat your employees right, so they won’t use your Internet to search for a new job.” But according to new research, a majority of the workforce must not feel like they are being treated right, because 64% of respondents say they’ve looked for a new job while […]

Train Dispatcher’s Failure-to-Accommodate Claim Derailed by Excessive Absenteeism

Courts have consistently found regular employee attendance can be an essential function for certain positions that employers don’t have to eliminate in the name of providing an accommodation under the Americans with Disabilities Act (Act). In other words, ignoring absences when regular attendance is an essential function wouldn’t be a reasonable accommodation. The U.S. 5th […]