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Proving retaliation on the part of an employer is not always cut and dry. In fact, some retaliation cases have made it all the way to the Supreme Court owing to the ambiguity of what is required to prove such a case.
Most employers know that retaliation is prohibited under Title VII at the federal level for employees who have engaged in protected activities. California employers also have to stay in compliance with employee retaliation protections under FEHA. Unsurprisingly, the standards applied in California differ from those applied at the federal level.
What recent changes have happened with same-sex marriage laws, and how do these affect employers and their obligations to employees under employment laws like FMLA/CFRA?
Over the summer, the Supreme Court decided in the landmark case of United States vs. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, which now paves the way for same-sex couples to potentially enjoy many federal benefits that they weren't entitled to before. Let's take a closer look at DOMA, what the ruling did, and what questions remain.
Employers have the right to curb FMLA/CFRA abuse, but must do so in a way that doesn’t hinder employees from taking their protected leaves. It can be a fine line to walk. Thankfully, employers do have some options.
You’re never fully dressed without a smile? Maybe, but a new study indicates that recruiters are actually looking much lower—at your feet, in fact.
In California, employers have to juggle both FMLA and CFRA laws, and both allow protected leave on an intermittent basis. Intermittent leave is perhaps the most difficult aspect of FMLA/CFRA leaves because it presents operational and scheduling issues and inconveniences that can be frustrating for employers. Understanding intermittent leave and what can be done to minimize these frustrations and scheduling issues can go a long way toward easing the implementation of FMLA/CFRA leaves.
Candidates want to stand out from the crowd and be memorable. Sometimes their outside-the-box methods work … and sometimes they just bomb.
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