A recent California case demonstrates that an employer’s past ability to accommodate may be considered in an employee’s failure to accommodate claim. In Atkins v. City of Los Angeles, a group of recruit officers suffered temporary injuries during the course of training. The recruits were put in the “Recycle program,” in which they were assigned to light-duty administrative positions until they recovered or were determined to be permanently disabled. However, the Los Angeles Police Department ended the Recycle program while the recruits were still recovering, and asked the recruits to immediately obtain medical clearance to return to training. Upon failure to do so, the Department terminated the recruits.
California: Employment Decisions Based on Criminal History Will Soon Be More Challenging
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July 1, 2017
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Ninth Circuit: Pervasive, Unwanted Hugs May Create Hostile Work Environment
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February 23, 2017
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Ninth Circuit: Internal Whistleblowers Protected Under Dodd-Frank Act
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March 8, 2017
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Arizona: AZ Supreme Court Upholds Phoenix Minimum Wage Increase Ordinance
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March 14, 2017
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California: Disability Claims May Look to Employer’s Past Ability to Accommodate
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February 14, 2017
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A recent California case demonstrates that an employer’s past ability to accommodate may be considered in an employee’s failure to accommodate claim. In Atkins v. City of Los Angeles, a group of recruit officers suffered temporary injuries during the course of training. The recruits were put in the “Recycle program,” in which they were assigned to light-duty administrative positions until they recovered or were determined to be permanently disabled. However, the Los Angeles Police Department ended the Recycle program while the recruits were still recovering, and asked the recruits to immediately obtain medical clearance to return to training. Upon failure to do so, the Department terminated the recruits.
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California: Meal Waivers in Health Care Industry Have Always Been Valid
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March 1, 2017
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Are meal waivers for shifts over 12 hours long valid? In Gerard v. Orange Coast Memorial Medical Center, the original 2015 decision partially invalidated use of such meal waivers in the healthcare industry. In response to the decision, SB 327 was signed into law, permitting use of such waivers. With the introduction of the bill, the ongoing Gerard case sought resolution for a remaining facet of the case: whether or not meal waivers used prior to the enactment of SB 327 are considered valid.
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Los Angeles, California: The City of Los Angeles Revises Its Paid Sick Leave Rules Currently in Effect
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March 14, 2017
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The City of Los Angeles Office of Wage Standards (OWS) recently revised the Rules and Regulations for Los Angeles’ paid sick leave requirements as well as the corresponding Frequently Asked Questions (FAQs). Note the following key changes:
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Oregon: Recent Overtime Standards for Manufacturing Industry Invalidated
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March 9, 2017
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In February, we reported on the Oregon Bureau of Labor and Industries’ (“BOLI”) interpretation of how to calculate overtime hours for manufacturing employees. The new interpretation would have required employers to double count daily and weekly overtime in order to calculate pay.
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Puerto Rico: The New Equal Pay Act Brings Gender Equality Issues to the Forefront with Employers
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March 8, 2017
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The Puerto Rico Equal Pay Act (the “Act”) follows other similar states’ legislation in targeting pay differentials between employees of different genders. The Act prohibits pay discrimination and imposes new regulations on pre-hiring practices.
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April Updates
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