Disney Settles Gender Pay Lawsuit for $43 Million, Impacting Thousands of Female Workers

Across industries, workers often face pay disparities that can lead to financial struggles, stress and a sense of injustice. Unfortunately, unequal pay is not uncommon, even at some of the largest and…

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Workplace Defamation – A Basic Overview

Since many terminated and current employees ask about it, I thought I might dive into the treacherous waters of defamation in the workplace.  Defamatory conduct in the workplace may occur, for example,…

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Defamation Per Se — Presumption of Harm

In the realm of workplace defamation claims, the aggrieved employee (or plaintiff) needs to show that the slanderous (spoken) or libelous (written) comments harmed the reputation of the employee.  There are five…

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The “Privilege” Defense to Defamation Claims

There are four common defenses to defamation claims: privilege, consent, truth and opinion.  This entry will discuss the most widely employed defense to workplace defamation claims – absolute and qualified privileges. Absolute…

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FMLA and CFRA Require Reinstatement to the Same or Comparable Employment Position

One of the key provisions of FMLA/CFRA leave is the right to reinstatement to the same or comparable position after the leave. A “comparable position” is defined as a position which is…

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Vacation Pay for California Employees

There is no California or federal law, which requires employers to provide employees with vacation time.  Nonetheless, if the employer does provide vacation time, certain provisions of the California Labor Code must…

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Are Employers Required to Accommodate a Temporary Disability?

A vexing question for employees who have been hurt, been in an accident, or who suffer from a temporary medical condition is whether their employer is required to provide a reasonable accommodation…

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COBRA Health Care Benefits

Despite the acrimony surrounding President Obama’s signing of the Patient Protection and Affordable Care Act (better known as the health care bill), many of the most important provisions to bring health care…

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Religion in the Workplace – A Delicate Balancing Act

Recently I had a series of inquires about the role of religion in the workplace – is an employer required to give employees time off for an important religious holiday?  And, does…

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