Many California employers round employees’ clock-in and clock-out times to the closest quarter hour, tenth of an hour, or five-minute interval. This practice is commonly referred to as “rounding.”
In a recent, unpublished opinion, a California Court of Appeal found in favor of an employer on a marital status discrimination claim than an employee brought under the Fair Employment and Housing Act (FEHA).
On July 24, 2017, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) sent a letter clarifying the data collection and reporting periods for the VETS-4212 and EEO-1 reports. The letter explains that contractors may use the same data collection period for the reports, but they must be filed during separate time periods.
The Third Circuit Court of Appeals recently created a circuit split when it disagreed with prior decisions from the Second, Sixth, and Eighth Circuits regarding the Age Discrimination in Employment Act of 1967 (ADEA). In Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435 (January 10, 2017), the Third Circuit held that “subgroup” disparate impact claims are cognizable under the ADEA.
On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine in a random drug test. The court found that the random drug test was not an unreasonable search because the plaintiff’s interaction with children outweighed his individual privacy interest. It also found that the county’s drug testing and human resources policies did not create a protected property interest in continued employment or an implied contract.
On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s position on marijuana is unclear, employers may want to consider the impact of these new laws as well as watch for new developments.
On Tuesday, November 8, 2016, nine states will have marijuana-related measures on their ballots—five states will consider whether to legalize marijuana for recreational use and four states will vote on whether to allow medical marijuana. Given these impending state law changes, the legalization of medical and recreational marijuana has become a pressing issue on employers’ minds.
The Sixth Circuit Court of Appeals, in an unpublished decision, recently held that under Kentucky law, merely continuing to work for an employer constitutes assent to an arbitration agreement when that agreement is a condition of employment—even if the employee has not signed an acknowledgement form.