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May 2018 Archives

U.S. Supreme Court: Employers May Require Employees to Arbitrate their Claims Individually and Waive Their Rights to Class Actions

Employers just gained a huge victory from the United States Supreme Court regarding the arbitration of employment-related claims. On May 21, 2018, in a narrow 5-4 decision, the Court held that employers may include a clause in their employment contracts that requires employees to arbitrate their disputes individually, and to waive their rights to pursue class action lawsuits against their employers.

Employee or contractor? Court watchers get whiplash

In March, we wrote about a new federal case interpreting California employment law on the question of whether a worker should be classified as an employee or an independent contractor. As we described, in that case about a Grubhub driver, the court found that under California's Borello test, Lawson, a driver who delivered food to Grubhub customers, was an independent contractor largely because Grubhub did not have the degree of control over his work that an employer would have.

Court says employer is not required to provide indefinite disability leave

The U.S. District Court for the Southern District of California issued a decision on February 2 that provides instruction for California employers on a unique situation: Whether an employer must continue to renew multiple requests for ongoing medical leave for total disability when there is no indication of when the employee will be able to return to work.

What does it mean for employers to make reasonable accommodations?

Numerous state and federal laws prohibit discrimination and harassment in the workplace based on protected worker characteristics such as disability. Employers are also required to make reasonable accommodations in the workplace for employees with physical or mental disabilities.

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