California Employment Law Update

Tag Archives: medical examination

July 2023 California Employment Law Notes

By Tony Oncidi on Posted in ABC Test, Cal. Lab. Code § 1102.5(b), California Division of Labor Standards Enforcement, California Labor & Employment Law, California Labor Code, California Labor Code Section 2810, California Supreme Court, Class Actions, Disability, Discrimination, Employment Law Notes, FAA, Immigration, Independent Contractors, PAGA, Retaliation, Title VII, U.S. Supreme Court, Wage and Hour, Wage Statements, Whistleblowers, Workplace Safety, Wrongful Termination
We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements PAGA Debt Not Dischargeable in Bankruptcy Distributors Not Liable For Unpaid Wages Of … Continue Reading

July 2011 California Employment Law Notes

By Tony Oncidi on Posted in Employment Law Notes
We invite you to review our newly posted July 2011 California Employment Law Notes — a comprehensive review of the latest and most significant developments in California employment law.  The highlights include: Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified Arizona Law Requiring Use Of E-Verify Is Upheld U.S. Court Has Jurisdiction Over Argentinean Employees’ … Continue Reading

Termination Of Employee On FMLA Leave Who Submitted Inadequate Medical Information Did Not Violate Federal Law

By Tony Oncidi on Posted in Employment Law Notes, FMLA, Leaves of Absence
Lewis v. United States, 641 F.3d 1174 (9th Cir. 2011) Janet Lewis worked for the United States Air Force as the director of a child development center on the Elmendorf Air Force Base. In 2006, Lewis requested 120 days of leave without pay pursuant to the Family Medical Leave Act (“FMLA”). The employer requested a … Continue Reading

UPS May Not Have Violated The ADA By Excluding Deaf Drivers Who Failed To Satisfy DOT Hearing Standard

By Tony Oncidi on Posted in Disability, Discrimination, Employment Law Notes
Bates v. United Parcel Serv., 511 F.3d 974 (9th Cir. 2007) (en banc) One of the requirements applied by UPS to those applicants seeking to drive the familiar brown “package cars” was that they pass the physical examination (including a hearing exam) that the DOT requires of drivers of commercial vehicles of a gross vehicle weight … Continue Reading

Airline May Have Unlawfully Rescinded Job Offers To HIV-Positive Applicants

By Tony Oncidi on Posted in ADA, Disability, Discrimination, Employment Law Notes, FEHA, Privacy, Unfair Competition
Leonel v. American Airlines, Inc., 400 F.3d 702 (9th Cir. 2005) Walber Leonel and two other individuals applied for flight attendant positions with American Airlines. Plaintiffs were interviewed in Dallas and received conditional offers of employment, contingent upon their passing background checks and medical examinations. Although none of the applicants disclosed his HIV-positive status or … Continue Reading
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