Fido and Friends

Many people recognize “Guide” dogs, who assist the visually impaired, and may even have seen other “Service” dogs that assist persons with various disabilities, but recent California regulations pave the way for many more furry and feathered friends to assist their disabled owners in the workplace.

The new guidance on disability accommodations in the workplace specifies that allowing an “Assistive animal” to accompany a disabled employee may be a reasonable accommodation that an employer needs to consider.  Specific cases include guide dogs, signal dogs, service dogs, and a new category: “‘Support’ dog[s] or other animal[s] that provide[] emotional or other support to a person with a disability.”  The regulations go on to point out that a support animal may be a reasonable accommodation for a person with major depression or similar mental disabilities. Continue reading “Fido and Friends”

Family Responsibilities Discrimination

Feel Discriminated Against Because You Have to Take Care of Your Family?

It is commonly known that an employer may not ask a prospective employee about his/her marital status or family issues because an employer may not discriminate against an applicant based on their family status. But what about discrimination based on family status after hiring? California may be close to passing a law that adds familial status to the list of protected categories under the Fair Employment and Housing Act (FEHA). Continue reading “Family Responsibilities Discrimination”

Judge Green Lights Bag Check Class Action Against CVS

Los Angeles Superior Court Judge Richard Rico indicated he will certify a class of more than 40,000 Caremark CVS Corp. employees who were not compensated for time spent in security inspections/getting their bags checked.

The law in this regard is clear that employees must be compensated for all of the time that they are “subject to the control of the employer.” CVS has had a policy of having their employees clock out and wait near the front of the store for a manager or loss prevention agent to check their bags before they can leave the store. This time that they spent waiting and having their bags checked was not compensated and violates California law. Continue reading “Judge Green Lights Bag Check Class Action Against CVS”

Exxon Mobile’s Discriminatory Hiring Policies

Two nearly identical resumes were recently submitted to Exxon Mobile’s HR hub located in the state of Texas to “test” the companies purportedly non-discriminatory hiring policies.  The gay rights group known as Freedom to Work submitted these two fictional resumes, with only slight differences between the two: one applicant’s resume clearly demonstrated  that she was a gay rights activist, and the other was not.  Continue reading “Exxon Mobile’s Discriminatory Hiring Policies”

If You’re Not Salaried, You’re Not Exempt

Although most of the focus in determining whether an employee is exempt from the requirements of overtime and meal and rest periods is usually focused on the duties the employee performs, California’s Sixth Appellate District recently reminded us that there is another, equally important factor to consider.  In order to be “exempt,” an employee must be paid “a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” Continue reading “If You’re Not Salaried, You’re Not Exempt”