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Leave Rights in California

Getting hurt or sick is no fun, but what's worse is worrying that you'll lose your job if you take time off to recover. That's why employee medical leaves are protected under both the federal Family and Medical Leave Act ( FMLA ) and the analogous California Family Rights Act ( CFRA ). ...

Are Emails to Your Attorney Always Covered by Attorney-Client Privilege?

Employees should be aware that emails to their attorneys originating from employer-owned equipment may not be protected by attorney-client privilege even if the employees use their personal email accounts to send such emails. It depends on the corporate policy regarding the use of employer's...

Supreme Court Must Protect State Employees’ Speech Rights

by William Perry Pendley September 15, 2011 - DENVER, CO. The Supreme Court of the United States must reverse a decision by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit and rule in favor of the First Amendment rights of California workers, two nationally recognized legal foundations...

Employee Medical Exams and the Law - How Much Do You Know?

How much do you really know about employment medical examinations and the law? Let's find out! 1. Assuming the results are not used in a way that violates the law, it is legal under the Americans with Disabilities Act to require a post-offer medical examination IF A. The examination is job...

States With Pro-Employee Laws: Discrimination Against Unemployed

(Or, States That Don't Suck For Employees) I have the sad duty of informing my clients pretty much daily just how bad Florida law is for employees. It's pretty depressing how few legal protections my home states offers employees. So I thought I'd periodically celebrate some states that...

More Pro-Employee Bills to Watch in the Florida Legislature

To their credit, some Florida legislators are doing their darndest to try to fix Florida's anti-employee legal climate. I wrote about some pro-employee bills filed, and now there are some more to keep an eye on this legislative session: Banning employer fraud : A bill proposed would make it illegal...

Two First Amendment Rights, Only One Protected: Last Man Standing (Sort Of) Gets It Right

One of my guilty pleasures is watching Tim Allen's show Last Man Standing. Guilty because, unlike the very apolitical Home Improvement, Tim Allen uses his new vehicle to take some slaps at President Obama and liberals in general. In a recent episode, Three Sundays , they addressed two rights protected...

San Francisco Enacts Employee Bill Of Rights - What Rights Would You Put In?

San Francisco's employees now have rights, at least in the retail sector. The city has enacted a Retail Workers' Bill Of Rights that includes rights such as: • Offering extra hours to existing employees before hiring new employees or using subcontractors or temps; • New owners...

The Limits of Employee Free Speech on Social Media

One of the finest employment-law bloggers, Daniel Schwartz, recently marked the eight-year anniversary of his Connecticut Employment Law Blog with a post about the three most notable changes in employment law over that span . Number one was social media. While for us bloggers, social media presents...

Let’s Revisit That Post About Cursing Out Your Boss on Facebook

Last year, at about this time, I blogged here about a case involving some employees who thought that their employer had underpaid them. So, they discussed the matter at work. And then continued their conversation on Facebook, where they used language that wouldn’t quite make an Eagles fan in the...