Employment

In Garcetti v. Cevallos, 547 U.S.

 The First Amendment protects religious freedom and, because of that important right, religious institutions are entitled to an exemption from civil rights statutes that govern employment discrimination.  This principle was at the core of two important decisions, one from the U.S.

A decision from California’s Public Employment Relations Board clarifies the rules that apply when an employee asserts that his/her union breached the “duty of fair representation” when handling (or in this case not handling) the employee’s grievance. Here is the nub of the PERB ruling in Jacala v.

In today’s global economy, a company may well employ staff who work in several states or even in different countries.  One legal issue that arises in such circumstances is whether California’s overtime laws apply to such out-of-state employees – i.e.

We have commented previously about the First Amendment free speech rights of public employees.  In Nichols v. Dancer, the law took another step in favor of protecting an employee’s right to associate with colleagues who may be involved in controversial issues.

When the United States Supreme Court decides a case, it is always an important event, but two cases in the 2010-2011 term were more important to litigators – especially labor and employment litigators – than others.In ATT Mobility v.

It is hornbook law that employers must “reasonably accommodate” disabled employees.

Housing Act (FEHA) protect employees against discrimination because of their disabilities.  Mental disabilities are covered under both laws.But there are two key factors that are always in play in these cases. First, the employee in question must be “otherwise qualified.

An employee who makes unauthorized use of an employer’s computer equipment is subject to civil and criminal liability under the federal Computer Fraud & Abuse Act (“CFAA,” 18 U.S.C. §§ 1030). Needless to say, the key issue is wither a given use is “authorized.

Public employee unions are required to send a “Hudson notice” to bargaining unit members which must provide an “adequate explanation of the basis for union representation fees, a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker, and an escrow for th...