The landmark ruling in Raines v. U.S. Healthworks Medical Group by the California Supreme Court has significant implications for both third parties involved in hiring processes and employers. This article aims to provide a detailed analysis of the ruling, exploring its potential impact on businesses operating as agents and the responsibilities of employers in ensuring compliance with California law. Implications
The National Labor Relations Board (NLRB) recently made a pro-employee decision, holding that the familiar Wright Line standard no longer governs cases involving employees disciplined for engaging in offensive or abusive conduct while participating in activities protected by Section 7 of the National Labor Relations Act (NLRA). Instead, the Board re-adopted “setting-specific” standards for those cases. This decision has significant
A recent court ruling serves as a reminder to employers that job fractioning is not an effective defense against claims of unlawful discrimination. The ruling involves the case of Spears v. Louisiana College where the plaintiff brought claims of age, sex, and disability discrimination, as well as breach of contract and retaliation. In this article, we will explain what job
Arbitration agreements have become increasingly popular in California and other states as a means of resolving disputes between employers and employees. However, the enforceability of these agreements has recently come under scrutiny by courts, particularly in instances where the agreement is signed by an employee without fully understanding its terms. In a recent decision, the California Court of Appeal held
The issue of religious accommodations in the workplace has been highly contested for years. It deals with an employer’s responsibility to provide a safe and inclusive environment for all employees while accommodating any religious beliefs. Two recent cases, Plummer v. University of Houston and Groff v. DeJoy, have reignited the discussion around religious accommodations, the employer’s obligations, and the impact
The Fair Labor Standards Act (FLSA) is a federal law that was enacted in 1938. The law establishes minimum wage, overtime pay, record-keeping, and youth employment standards throughout the United States. The FLSA requires employers to pay their employees time-and-a-half for all hours worked over 40 in a workweek, unless the employee falls under certain exemptions. One of the exemptions
The UK government has intervened in the draft legislation currently before parliament to address the risk of employers taking “unreasonable or drastic measures” to avoid being held liable for their staff’s harassment. The aim of the new draft legislation is to shift the workplace dynamics, with employers expected to take positive steps towards preventing workplace harassment. Additionally, the draft legislation
