The California Supreme Court has ruled that a former employee’s retaliation or discrimination claim can be dismissed at the initial stages of litigation via California’s anti-SLAPP statute. In Wilson v. CNN, decided July 22, 2019, the court overturned decisions of several courts of appeal that held otherwise and returned a strong tool to employers in defending against suits challenging an employee’s termination. Anti-SLAPP background California’s anti-SLAPP statute (SLAPP stands for “Strategic Lawsuit Against Public Policy”),…

We previously reported that the NYC Commission on Human Rights issued legal enforcement guidance for employers regarding racial discrimination on the basis of hair under the New York City Human Rights Law (NYCHRL). Although that guidance does not reflect a change in the NYCHRL, it makes clear that employers’ grooming and appearance policies may not prohibit hairstyles historically associated with certain racial communities, such as those who identify as “African, African American, Afro-Caribbean, Afro-Latin-x/a/o or…

This is an update to a previous post from June 24, 2019. Earlier today, Dallas became the last of the three Texas cities to face a legal challenge to its paid sick leave ordinance, which is scheduled to take effect this Thursday, August 1. The lawsuit and request for preliminary injunction were filed by two north Texas businesses in the U.S. District Court for the Eastern District of Texas, and attack Dallas’ ordinance on substantially…

Earlier this month, Oregon passed its own paid family and medical leave act (the act), making it the eighth state in the country to pass such a law. Oregon joins California, Massachusetts, New Jersey, New York, Rhode Island, Connecticut and the District of Columbia in providing paid family and medical leave benefits to employees. In contrast to other states, Oregon’s new law is particularly expansive. Among other things, the act broadly defines “family,” grants employees…

Dallas has become the third city in Texas, following Austin and San Antonio, to pass a city ordinance requiring private-sector employers to offer paid sick leave to their employees. The ordinances have yet to be implemented in any of these cities. However, with the effective date of Dallas’ and San Antonio’s ordinances looming (and with Austin’s ordinance hanging in the balance of legal challenges), it is time for employers to take a hard look at…

Beginning in 2020, Nevada employers can no longer refuse to hire a job applicant for failing a preemployment marijuana screening test. The law, known as “AB132,” became effective on June 5 and is the first of its kind among the states. Although the law is limited in scope to drug screenings involving the presence of marijuana, it has broad implications for employers operating in Nevada (and potentially for employers in other states). The full text…