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Monthly Archives: June 2017

Disparate-impact claims are cognizable under the Fair Housing Act

On June 25, 2015, the Supreme Court in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. held that disparate-impact claims are cognizable under the Fair Housing Act (FHA). The Inclusive Communities Project, Inc. (ICP), brought suit against the Department of Housing and Community Affairs for disparate-impact…

June 5, 2017 | Articles |

Sloppy On-Call Practices Can Increase Your Labor Costs By 400%

Time means money; in employment, work means wages. As is generally known, there is a broad definition of “work” under both federal and state law. Under federal law, a person must be paid for exertion (physical or mental) required by the employer and pursued for the employer’s business. The definition…

June 5, 2017 | Articles |

Using the Computer Fraud and Abuse Act to Protect Employers’ Information

All employers are faced with the risk of employees misusing their work computers: not only can employees waste time watching sports, checking and updating social media, and navigating through inappropriate and unsecure websites, but there is also the risk of employees accessing files without authorization and even obtaining confidential information…

June 5, 2017 | Articles |

Using a Forum Selection Clause in Employment Agreements

A forum selection clause in an employment contract is a valuable tool for companies in the multifamily industry who maintain operations in multiple states. A forum selection clause allows parties in an employment contract to designate the state where lawsuits must be brought should any controversy arise, including but not…

June 5, 2017 | Articles |

The Importance of the ADA and FEHA’s “Interactive Process” and Simple Steps Employers Can Take

Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employers have an affirmative duty to engage in a timely good faith “interactive process” and to provide reasonable accommodations to disabled employees. In fact, the employer has as duty to initiate the process if the…

June 5, 2017 | Articles |

California’s New “Paid Sick Leave Law”

A new law affecting California employers becomes effective on July 1, 2015.  This new law—the Healthy Workplaces, Healthy Families Act of 2014 (“Paid Sick Leave law”), codified as California Labor Code sections 245 through 249, requires almost all public and private sector employers to provide almost all workers in California…

June 5, 2017 | Articles |