Don’t Fall Into Legal Traps in the Gig Economy

There is a strong financial motivation for companies to classify their workers as independent contractors rather than employees. Violations can result in state agency enforcement, individual lawsuits and class action litigation. […]

First Amendment Rights Stop at the Threshold of Private Employers

Employers have the right to create and maintain productive work environments that are safe and nonthreatening to all employees, and thus can forbid discussion of divisive issues. Employees who violate those policies can legitimately be disciplined or terminated. […]

Pregnancy Accommodations Must Be Handled Like a Newborn--Carefully

Some employers go overboard in wanting to “protect” a pregnant woman and her baby, and may try to persuade her to stop work entirely. But many pregnant women want and need to work, and so employers must know their duties to avoid costly claims. The ADA, or Americans with Disabilities Act, applies to pregnant women in exactly the same way it applies to other employees. […]

Workplace Accommodations: Mental Illness is No Different Than Physical Illness

Often those with mental illness need accommodations that, for the most part, can be fairly easy for an employer to provide. Employers have a right to ask for documentation of an employee’s mental illness, such as a letter from a primary care doctor, psychiatrist, psychologist or counselor, though they cannot ask for specifics. […]

Pregnancy Leave

Applicability of the Federal Medical Leave Act (FMLA) and California Family Rights Act (CFRA) differs with pregnant employees and can create a trap for national employers resulting in potential liabilty. […]