This Emerging Issues Analysis examines the detailed and well-considered opinion of the Kleber court, including its responses to the myriad arguments against coverage posited by the defense.

This article explores the various potential protections against workplace discrimination based on political activity, expression, or affiliation.

In April of 2018, the CA Supreme Court unanimously issued the decision in Dynamex Operations West, Inc. v. Superior Court. The decision makes it much more difficult for CA employers to classify any workers as independent contractors for purposes of the CA Industrial Wage Orders.

At issue before the Supreme Court was whether the ADA requires an employer to assign a disabled employee to a particular position, even though another employee is entitled to that position under an established seniority system.

There is a staggering amount of litigation involving disputes over whether a binding contract was formed during contract negotiations. In a typical case of this kind, the parties agree on many issues while negotiating a deal, but they intend to execute a formal document and never get around to doing it before their relationship unravels for one reason or another. Litigation erupts.

In Janus v. AFSCME, Council 31, the Supreme Court, split 5-4, held that a public-sector employee may not be required, over his or her objection, to financially support a union, even if that union has been designated as the employee's exclusive representative for purposes of collective bargaining.

Commentators often argue that California courts--with rare exceptions--will not enforce arbitration agreements in employment contracts. The California Supreme Court's 2016 decision in Baltazar v. Forever 21, Inc., which reversed some key anti-arbitration decisions, came as a surprise to many.

The NLRA has been interpreted to give employees a wide berth to engage in raucous and offensive conduct and discourse when the subject is the terms and conditions of their employment, while at the same time constraining the latitude of employers to address such behavior.

Under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, employers are required to make reasonable accommodations to enable qualified disabled job applicants and employees to be able to work. Appropriate accommodations may allow disabled individuals to be qualified to perform the essential functions of the job which they could not otherwise perform.

Maryland has been one of the states on the forefront of legislating paid leave for workers, in addition to enacting a variety of other leave entitlement statutes. Like many states, Maryland has developed a patchwork of various leave laws that excuse employees from work for all sorts of reasons. This article summarizes Maryland’s leave laws as of February 2019.