Conn Maciel Carey

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Employers Take Note: New Employment Laws for 2024

This year, Governor Newsom signed into law employment bills on disparate subjects such as paid sick leave, reproductive loss leave, non-competes, and more.  These new laws take effect on January 1, 2024, unless otherwise noted. SB 525 (Minimum Wage Increase for Healthcare Workers) SB 525 increases the minimum wage for healthcare industry workers over the ...
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Title VII and the Use of AI in Employment Decisions

Employers are increasingly turning to artificial intelligence (“AI”) for assistance in making employment decisions, and although AI can eliminate disparate treatment, employers should be aware of the potential for disparate impact. Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination on the basis of race, color, religion, sex (including pregnancy, sexual ...
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Website Litigation Under the ADA:
Protect Your Property from Lawsuits

Despite the pandemic, lawsuits filed across the country against hotels and resorts alleging their websites violate the Americans with Disabilities Act (“ADA”) have not slowed down. These lawsuits continue to allege two different types of ADA violations, each of which are addressed below: The first type of website accessibility case deals with whether a hotel ...
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Businessman Overcoming Difficulties Due To COVID-19

COVID-19 Exposure Control & Response Plan: What Is It and Why Does Every Employer Need One?

As states across the country begin to loosen or lift stay-at-home and shutdown orders, many workplaces that had been idled, have just begun to or will soon resume operations. Many states and localities are setting as a precondition for reopening, a requirement that they develop and implement a written, site-specific COVID-19 Exposure Control and Response ...
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Key Employment Considerations When Resuming or Increasing Business Operations

Many states are beginning to re-open their economies, and employers are resuming or increasing business operations in some fashion.  As employers make this transition, there are several key employment considerations that employers should pay close attention to.  Below is an overview of some of the topics employers should carefully analyze when reopening or increasing business ...
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Two people face to face wearing masks

March Update on How Employers Can Respond to COVID-19 with FAQs

Since publishing our previous post last month, there have been a number of significant developments related to the 2019 Novel Coronavirus – now officially called “COVID-19.”  Notably, during the week of February 23, 2020, the U.S. Centers for Disease Control and Prevention (“CDC”) reported community spread of the virus that causes COVID-19 in California, Oregon, and Washington. ...
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Two people face to face wearing masks

How Employers Can Respond to the 2019 Novel Coronavirus Outbreak

The 2019 Novel Coronavirus (“2019-nCoV” or “coronavirus”) is a respiratory illness that, with its spread to the United States, is raising important issues for employers. This guide explains the outbreak, the legal implications of it, and how employers should be responding now to employees who might have the virus, are caring for affected family members, ...
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Court Stresses the Need for a Business to Provide an Accessibility Statement on its Website

In 2018 and 2019, there were approximately 5,000 federal lawsuits filed against hotels, restaurants, stores, and other places of public accommodation alleging that their websites violated Title III of the Americans with Disabilities Act (“ADA”). In all likelihood this number of lawsuits will increase in 2020 now that the U.S. Supreme Court has declined to ...
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California Employers Are Not Required To Reimburse Restaurant Workers For The Cost Of Slip-Resistant Shoes Under Labor Code Section 2802

A recent California Court of Appeal decision, Townley v. BJ’s Restaurants, Inc., has further defined the scope of reimbursable business expenses under California Labor Code section 2802, this time in the context of slip-resistant shoes for restaurant workers. A former server filed an action under the California Labor Code Private Attorneys General Act of 2004 (PAGA), ...
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On the Basis of Personal Appearance

As you know, Title VII of the Civil Rights Act of 1964 (Title VII) is one of the principal federal statutes prohibiting employment discrimination. It prohibits discrimination on the basis of race, color, national origin, religion, and sex (including gender and pregnancy). Other federal statutes that prohibit employment discrimination include Title I and Title V ...
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