Discussions about the First Amendment have picked up considerably in the context of social media, employment, and politics. The “right to free speech” may seem simple and straight forward, but whether you do, in fact, have the right to say …
Read MoreI know I have First Amendment rights – but where and when do they apply?
Recent protests have sparked a national dialogue about race, and many in Hollywood are bolting to inject more progressivism into their products. Fox’s The Simpsons is the latest example: according to producers, the show will “no longer have white actors …
More and more frequently, California employers are making their voices heard on the political issues of the day. And for every employer who voices its opinion publically, there is an employee holding the opposite opinion privately. The question becomes, what …
Read MoreEmployers Cannot Coerce Their Employees’ Political Opinions
In the discovery phase of an employment lawsuit, it is often the case that the defendant-employer will ask the plaintiff-employee to produce her medical records for inspection. In California, there are three main objections that can generally be raised to …
Read MoreAre My Medical Records Discoverable If I File an Employment Lawsuit?
It is a core tenant of our Nation’s federal system that States are sovereign entities yielding only to those powers of the federal government enumerated by the Constitution of the United States. The Eleventh Amendment to the Constitution provides “[t]hat …
Read More11th Amendment Sovereign Immunity & Implications for Civil Rights Actions
Due to the shelters-in-place necessitated by COVID-19 (aka “Coronavirus”), the business world has changed dramatically since March of this year. Each state (and county) seems to have its own rules with regard to which businesses can reopen, when, and how. …
Read MoreGoing Back to Work in a Post-COVID-19 World: Important Points for Employers and Employees
