EdLawConnect Blog

Whether the ability to work a certain number of hours in a shift is an “essential function” of a position is a factual determination that must be made on a case-by-case basis. In a recent decision, a federal district court found an employee with a disability presented sufficient evidence to create a question for a jury as to whether the employer could have shortened her shift as a reasonable accommodation.

On December 14, 2015, the U.S. Department of Transportation’s Federal Aviation Administration (FAA) released a “final interim rule” for registering unmanned aircraft systems (UAS), or drones, just in time for the holiday season.  (Note: Although the new rule goes into effect on December 21, 2015, the FAA has also created a second “notice and comment” period, and claims it may modify the interim ...

On August 13, 2015, the IRS issued Announcement 2015-22, addressing the tax treatment of identity protection services for data breach victims. The Announcement states that when victims receive free identity protection services from an organization that suffered a data breach, the IRS will not assert the value of the identity protection services is includible in the victim’s gross income ...

Your employee is diagnosed with epilepsy after suffering a seizure at work. After a period of leave, the employee is cleared by a physician to return to work. Under the Americans with Disabilities Act (ADA), you must bring the employee back to work and provide reasonable accommodations to enable him to perform the essential functions of his job, as long as the employee does not impose a significant risk of ...

As the business world becomes more digital and mobile, the swords and shields used in litigation often take the form of electronically stored information. We frequently advise clients and remind opposing counsel to preserve all documents, including electronically stored information, when they reasonably know that litigation might ensue or as soon a potential claim is identified. (See In re Napster, Inc ...

On June 30, 2015, the U.S. Supreme Court agreed to take up the case of Friedrichs v. California Teachers Association - a case that challenges California’s “agency fee” laws.  While this case will not be heard and decided until next year, public sector unions in California are already mobilizing a response to this potential threat to their financial coffers.

“Agency fees” or as unions prefer to call ...

On July 16, 2015, Governor Brown approved an amendment to Government Code section 12940 prohibiting an employer or other covered entity from retaliating, or otherwise discriminating, against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the accommodation request was granted.

The legislation stems from the Court of Appeal’s decision in Rope ...

On August 7, 2015, California’s Labor Commissioner issued an Opinion Letter confirming earlier guidance that employees who regularly work 10-hour shifts must be given up to 30 hours of paid sick leave under the Healthy Workplaces, Healthy Families Act of 2014.

California’s landmark sick leave law requires employers allow their employees to use “24 hours or three days” of sick leave each year.  ...

On September 2, 2015, the Governor signed Assembly Bill 215, which imposes new requirements on school superintendents’ employment contracts entered into on or after January 1, 2016.

Current law requires all employment contracts between an employee and a local agency employer (such as a school district) to include a limitation on the amount of a cash settlement if the contract is terminated ...

As discussed in our May 29, 2015 entry, “Website Accessibility Under the ADA,” the U.S. Department of Justice (DOJ), in the absence of regulations, recognized certain industry principles as guiding public accommodations when making websites accessible under the Americans with Disabilities Act (ADA). Relying on such guidelines, businesses and public agencies reasonably believed providing ...