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Federal Anti-Discrimination Law Extends to LGBTQ Employees

The U.S. Supreme Court has delivered great news to the LGBTQ community nationwide. In this week’s landmark decision captioned Bostock v. Clayton County, the high court ruled that federal law—namely, Title VII of the Civil Rights Act of 1964—prohibits employment discrimination against LGBTQ workers. To that point, Justice Neil Gorsuch, writing for the 6-3 majority, stated, “An employer who fires an individual merely for being gay or transgender violates [the law].” (Read More)

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Hotels in California May Be Days Away From Reopening: What Hoteliers Need to Know

Good news for hotels from the California Department of Public Health: beginning this coming Friday (June 12), they (along with restaurants and bars, gyms, film studios, and a host of other establishments) have been given the green light to reopen for business. But before jumping for joy, hoteliers must understand that the final say in terms of reopening belongs to each county within the state. That being said, in anticipation of vacancy signs being illuminated once again, the CDPH and Cal/OSHA released revised COVID-19 Hotel and Lodging Industry Guidance. By way of this alert, Michelman & Robinson shines a light on topics and some specifics from the extensive guidance that must be considered as hotels begin operations in the midst of the coronavirus pandemic. (Read More)

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Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability

Without question, tourism—and by extension, hospitality—has been one of the industries hardest hit by the coronavirus pandemic. This remains the case even as stay-at-home orders begin to be phased out and states gradually reopen for business. Long story short: hotels will continue to feel the economic sting of COVID-19 for the time being as non-essential travel is still discouraged by the Center for Disease Control, if not altogether prohibited in some places by virtue of cross-border restrictions, among other things. (Read More)

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Employer Do's and Don'ts in the Age of COVID-19

In the wake of the coronavirus pandemic, many employers are left uncertain as to what they can and cannot do these days in terms of their management of employees. Mindful of the mandates of (1) the Americans with Disabilities Act (ADA), which generally prohibits employers from making disability-related inquiries and requiring medical examinations of employees, and (2) statutes like California’s Fair Employment Housing Act (FEHA), which make it unlawful for an employer to discriminate against or treat an employee less favorably than others based on protected categories such as physical disability, business owners and management have been asking how they can lawfully address health-related matters in the current environment given the infection rate of COVID-19 and safety concerns for their other employees. (Read More)

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Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. Ordinance

Federal and state governments are not the only ones protecting employees suffering as a result of the COVID-19 outbreak. Los Angeles has followed suit, with its City Council passing a supplemental paid sick leave ordinance of its own. The law now awaits signature by Mayor Eric Garcetti. In the meantime, Michelman & Robinson answers the questions L.A.-based employers are sure to have about the new law. (Read More)

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The NLRB Weighs in on Misclassification

If you’re in management, there’s some good news to report out of the National Labor Relations Board—at least theoretically.

The NLRB has just ruled that it’s not  a violation of federal law–namely, the National Labor Relations Act—when employers misclassify their workers as independent contractors, as opposed to employees. (Read More)

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Another Class Action-Related Gift to Employers from the U.S. Supreme Court  

Nearly a year after its decision in Epic Systems Corp. v. Lewis, finding that class and collective action waivers contained in employer arbitration agreements are lawful and enforceable under the Federal Arbitration Act, the U.S. Supreme Court has spoken once more on the topic. This week, in Lamps Plus Inc. v. Varela, the high court ruled that arbitration agreements must specifically contemplate class arbitration for that process to be invoked. (Read More)

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Navigating the Complex Web of the FMLA

The Family Medical Leave Act (FMLA) is admittedly complex. Still, covered employers are required to strictly comply with its terms. To assist employers as they navigate the intricacies of the FMLA, the U.S. Department of Labor (the “DOL”) recently issued several opinions concerning some difficult and unresolved issues. (Read More)

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New California Law Seeks to Close the Corporate Gender Gap, But Is It Constitutional?

Think of California and you’re likely to conjure up images of palm trees, movie stars, surfers, the Golden Gate Bridge and maybe even In N Out Burger. But what the Golden State is perhaps best known for is its progressivism. Time and again, causes that take root in California are often precedential, which explains the adage: as California goes, so goes the nation.

Enter Senate Bill 826. Recently signed by Governor Jerry Brown, the law requires publicly held, California corporations to have in place at least one female board member. These companies have until December 31, 2019 to comply, and then in 2021, additional measures kick in – when boards with five or more seats will be required to include at least two female directors. The failure of corporations to abide by the new rule comes with a notable price tag – fines from $100,000 to $300,000 can be imposed. (Read More)

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California’s Salary History Ban Just Got a Bit Easier to Understand

That employers in California are not allowed to ask job applicants about their prior compensation is, by now, old news. The prohibition was signed into law in October 2017, when California joined several other jurisdictions nationwide in a move to close the gender pay gap by banning salary history inquiries.

Indeed, California Labor Code §432 makes it unlawful for employers to rely on an applicant’s salary history information in determining whether to extend an offer of employment or the salary to be paid. There is more. The law also requires an employer, upon an applicant’s “reasonable request,” to provide the “pay scale” applicable to the position applied for. (Read More)