by D. Gregory Valenza | Aug 29, 2019
Should employers require arbitration of Labor Commissioner / DLSE claims instead of going through the DLSE process? Good question. On the one hand, the DLSE is notoriously employee-friendly, and makes every effort to extract settlements from employers, even when...
by Jennifer Brown Shaw and Alayna Schroeder | Aug 26, 2019
Human resources professionals may shudder at the sound of an “audit.” For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers “bad news?” To answer the second question first, it is far better...
by D. Gregory Valenza | Aug 21, 2019
The Ninth Circuit’s opinion in Valtierra v. Medtronic, Inc. is refreshingly straightforward. That’s because the Court did not address an issue that has been litigated since the ADA’s passage: is morbid obesity a disability? Most courts have said...
by D. Gregory Valenza | Aug 19, 2019
The tort of “conversion” is in essence a civil claim for “stealing.” Over the years, many a plaintiff’s counsel has tried to claim that unpaid wages are “converted” – stolen – by the employer, so that the tort of...
by Jennifer Shaw and Lisa Buehler | Aug 13, 2019
Employers must take both preventive and remedial action to stop unlawful discrimination, harassment, and retaliation at work. An internal investigation is a critical tool to help fulfill these obligations. The facts underlying workplace complaints are not always...
