Megan Lewis

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Megan provides representation and legal counsel to Liebert Cassidy Whitmore clients in a variety of labor and employment contexts. She is experienced in all stages of litigation, drafting motions, analyzing legal issues, and has an excellent track record of providing extensive communication to clients.

Latest Articles

This post was authored by Megan Lewis. The United States Supreme Court has vacated the decision of Ninth Circuit U.S. Court of Appeals (which covers all of California) in Rizo v. Yovino, which established that employers cannot rely on an applicant’s prior salary history to justify paying one employee differently than another employee of the opposite sex for similar work. The Ninth Circuit’s Decision The key issue in Rizo was the meaning of…
This post was authored by Megan Lewis. The United States Supreme Court may be gearing up to decide whether, under the Equal Pay Act, employers can consider an employee’s previous salary history when setting the employee’s rate of pay.  In doing so, the Court could clarify an area of the Equal Pay Act that has been interpreted differently by the various Circuit Courts of Appeal. Under the federal Equal Pay Act, if an employer…
This post was authored by Megan Lewis. The Department of Fair Employment and Housing (DFEH) recently issued its 2017 Annual Report, which provides a fascinating glimpse into who is filing complaints and why. The DFEH is the largest state civil rights agency in the country.  Its stated mission is to protect the people of California from unlawful discrimination in employment, housing, and public accommodations, and from hate violence and human trafficking.  To accomplish…
This post was authored by Megan Lewis. California law has long-surpassed federal law in the area of lactation accommodation in the workplace. Senate Bill 937 (“SB 937”), if it is approved by Governor Brown, would go even further to protect the rights of employees who need to express breastmilk at work.  This new legislation would also create new obligations for California employers, including a requirement that employers implement a lactation accommodation policy that meets certain…
This post was authored by Megan Lewis. Since recreational marijuana was legalized in 2016, many have assumed that employment protections for marijuana users would likely expand, either via legislation or though litigation. We are already seeing small steps in that direction. For instance, San Francisco recently amended its ban-the-box ordinance to, among other things, prohibit employers from taking action against applicants or employees for marijuana offenses related to conduct that has since been legalized…
This post was authored by Megan Lewis. Just one day before Equal Pay Day, April 10, 2018, the Ninth Circuit in Rizo v. Yovino ruled that an employer cannot perpetuate a gender pay gap by paying a female employee less than a male employee for the same work, simply because the female employee made less money in a prior position. The Ninth Circuit’s decision reversed its prior precedent and changed the law in a…
This blog was authored by Megan Lewis. Earlier this month, in Perez v. City of Roseville, the U.S. Court of Appeals held that terminating a police officer for engaging in an off-duty, extramarital affair with a co-worker could violate the officer’s right to privacy under the U.S. Constitution. Background Facts Perez, a probationary police officer, was initially reprimanded after an internal affairs investigation revealed that she had been involved in an off-duty sexual relationship…
In Douglas v. Xerox Business Services, the Ninth Circuit became the latest circuit to rule that employers should look at the workweek as a whole to determine compliance with the minimum-wage provision of the Fair Labor Standards Act (“FLSA”).  This result has also been adopted by Second, Fourth, Eighth, and D.C. Circuits, and is reflective of a policy enacted by the Department decades ago. The plaintiffs in this case were customer service representatives at call…
The allegations of sexual harassment and assault levied against Hollywood producer Harvey Weinstein have been front page news for the last week.  The board of directors of his company swiftly voted to terminate his employment, but only time will tell what impact Mr. Weinstein’s transgressions (and alleged criminal activity) will have on his former company.  If any of Mr. Weinstein’s accusers ultimately file suit against him and his former employer, the extent to which the…
A California Court of Appeal recently found that the City and County of San Francisco’s disciplinary procedure for police officers is not compliant with the Public Safety Officers Procedural Bill of Rights Act (“POBRA”), which requires that all California law enforcement agencies provide officers with certain minimum procedural rights.  In Morgado v. City and County of San Francisco (13 Cal.App.5th 1), which was published on June 27, 2017, the Court of Appeal reiterated that officers…