Frequently Asked Questions (FAQ) Concerning COVID-19 Vaccinations and California Employment Law
- June 29, 2021
- David Levy
- No comments
Can employers require employees to be vaccinated for COVID-19? Yes, but employers must not violate the rights of employees with (1) disabilities under the Americans with Disabilities Act and California’s Fair Employment and Housing Act, or (2) sincerely-held religious beliefs,…
The Rights of California Workers Affected by the Coronavirus/Covid-19 Health Emergency
- October 6, 2020
- David Levy
- No comments
The following is a brief discussion of several California and federal laws protecting employees affected by Covid-19. The application of these laws depends on the circumstances and requires a case-by-case analysis. DISABILITY DISCRIMINATION: Employers are prohibited from discriminating against employees…
Ninth Circuit Holds Proposition 8 Unconstitutionally Discriminates Against Gays and Lesbians
- February 8, 2012
- David Levy
- No comments
Yesterday, in Perry v. Brown, the U.S. Ninth Circuit Court of Appeals declared unconstitutional Proposition 8, which took away the rights of gays and lesbians to use the designation of “marriage” to describe their committed relationships and, thus, deprived them…
Unpaid Internships
- April 4, 2011
- David Levy
- No comments
Yesterday, an Op-Ed piece in the New York Times addressed the subject of unpaid internships in an artcile entitled Unpaid Interns, Complicit Colleges. Most for-profit companies believe that unpaid internships are legal as long as their interns receive academic credit….
Charlie Sheen’s Disability Discrimination Claims
- March 12, 2011
- David Levy
- No comments
Yesterday, Charlie Sheen filed his high profile lawsuit against Chuck Lorre and Warner Brothers. Among others, Charlie Sheen asserts claims for disability discrimination under California’s Fair Employment and Housing Act (“FEHA”). Interestingly, nowhere in his complaint does Mr. Sheen allege…
Don’t Communicate with Your Attorney on Your Work Email from Your Company’s Computer
- February 1, 2011
- David Levy
- No comments
While it is never advisable for employees to communicate with their attorneys on their employers’ email and computers—particularly when communicating about claims against their employers—a recent California Court of Appeal decision concluded that such communications may not be protected by…
Employer Can Be Liable for Honoring Non-Compete Agreement between Employee and Former Employer
- August 17, 2010
- David Levy
- No comments
Last month, in Silguero v. Creteguard, a California Court of Appeal held that an employer could be liable for wrongful termination in violation of public policy for terminating an employee to honor a non-compete agreement between the employee and a…
California Supreme Court Rejects “Stray Remarks” Doctrine
- August 6, 2010
- David Levy
- No comments
Under the “stray remarks” doctrine, courts disregard discriminatory remarks not made in the context of an employment decision or uttered by a non-decisionmaker. For example, in deciding a motion for summary judgment in a wrongful termination case, a court would…
Federal Law Protecting Genetic Information of Employees Takes Effect
- November 30, 2009
- David Levy
- No comments
Last week, the Genetic Information Nondiscrimination Act of 2008 (GINA) took effect. By way of GINA, Congress recognized that advances in genetics are invaluable for medical progress, but could give rise to the potential misuse of genetic information to discriminate…
Failure to Accommodate Employee on Single Instance Can Constitute Failure to Accommodate under FEHA Despite History of Accommodations
- October 16, 2009
- David Levy
- No comments
Yesterday, in A.M. v. Albertsons, a California Court of Appeal affirmed a $200,000 judgment against Albertsons for failing to accommodate an employee’s physical disability under California’s Fair Employment and Housing Act (FEHA). The plaintiff in Albertsons was “diagnosed with cancer…