When can employers require pre-employment physicals?

An employer whose operations include physically demanding work may want to ensure that a job applicant is in sufficient physical shape to safely meet the demands of the position for which he/she is being considered. However, there are substantial restrictions to an employer’s ability to require a job applicant to undergo a physical/medical examination under both the Americans with Disabilities Act and the California Fair Employment and Housing Act.

Employing minors

The steps you need to take

Employers have very specific requirements to follow to lawfully employ minors, including the proper documentation for a work permit. Here are some of the requirements...

Employee communication freedoms

To what extent can an employer limit what an employee says at the workplace?

Various laws, including the National Labor Relations Act, protect certain employee speech and expression at work. Also, language restrictions may run afoul of discrimination laws. Here are some common situations in which employers must be careful in restricting employee expression.

When an employee does not qualify for FMLA/CFRA medical leave

Employers shouldn’t neglect their documentation obligations

When an employee requests a medical leave, a covered employer’s first concern is determining whether the employee qualifies for protected leave under the Family Medical Leave Act and California Family Rights Act. If the employer determines that the employee does not qualify for such leave (for example, the employee has less than a year of service or has not worked the requisite number of hours) the employer may let down their guard and not issue any leave paperwork to the employee. This is a mistake.