President Obama appoints three to NLRB during purported congressional "recess" *

USA - January 10 2012
On January 4, 2012, President Obama used his recess powers to appoint three members to the National Labor Relations Board (“NLRB” or “Board”).

Co-authors: Jenny Chang .

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Ninth Circuit holds that an employer need not reasonably accommodate an employee who does not meet the job's minimum requirements *

USA - December 13 2011
On December 8, 2011, the Ninth Circuit Court of Appeals held that a disabled teacher who failed to meet the minimum requirements for her position was not a “qualified individual” under the Americans with Disabilities Act (“ADA”), and that her employer, therefore, was not required to accommodate her disability.

Co-authors: Travis J. Anderson.

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California Court of Appeal holds that courts must consider "all relevant evidence," including hearsay, in deciding whether to issue injunctions to prevent workplace violence *

USA - December 13 2011
On December 5, 2011, in Kaiser Foundation Hospitals v. Wilson 2011 Cal. App. LEXIS 1511 (Dec. 5, 2011), the Court of Appeal for the Fourth District, Division One, ruled that the trial court properly considered “all relevant evidence,” including generally inadmissible hearsay evidence, in deciding to issue a workplace violence injunction.

Co-authors: Travis J. Anderson.

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Department of Labor's Administrative Review Board interprets term "adverse action" under SOX more expansively than it is interpreted under Title VII *

USA - November 2 2011
The Department of Labor’s Administrative Review Board (“ARB”) recently held that the Sarbanes-Oxley Act (“SOX”) provides greater protections to whistleblowers than Title VII provides to covered employees.

Co-authors: Ryan Rosner .

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Governor Brown signs significant new employment laws *

USA - October 18 2011
On October 9, 2011, California Governor Jerry Brown finally addressed the bulk of the labor and employment-related bills passed by the California state legislature during the first half of the 2011-2012 session.

Co-authors: Nick Schnermann .

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