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Well, the California Supreme Court finally released its opinion in Ross v. Ragingwire Telecommunications, Inc., S138130, today and I have to say I am disappointed with the opinion, although I think the dissenting opinion was completely on the mark.
The Decision
The Court decided that employers can terminate employees in California who use medical marijuana with a [...]


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In the United States, employers must actively engage in an “interactive process” with disabled employees to try and find a “reasonable accommodation” for their disability, even if no such accommodation actually exists.
What is an “Interactive Process”?
What this means is if an employer knows one of their employees is disabled and they suspect that employee might [...]


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Let me first say that I rarely disagree with decisions by California state or federal appellate courts (at least those I am not personally involved in and therefore biased towards). However, I occasionally come across a case where I just think the court got it wrong.
In Mokler v. County of Orange, et.al. (Cal.App.Dist.4 11/26/2007), No. [...]


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Sometimes employees use their employer’s e-mail address or computer to contact us. This is understandable, especially for long-term employees who spend most of their waking time at work or using a company-issued computer at home.
The problem is that using an employer’s computer or e-mail address to communicate with your attorney might mean these communications [...]


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Yesterday the California Supreme Court heard arguments in Ross v. Ragingwire Telecommunications, Inc.
In this case, the employee was refused employment because his pre-employment drug test came back positive for marijuana. The employee had been using medical marijuana at the direction of his physician to deal with lower back strain and muscle spasms.
Case Background
Under [...]


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Defense attorneys for large corporations in California have been trumpeting the case of In re Farmers Ins. Exch., 466 F.3d 853 (9th Cir. 2006) for the proposition that insurance claims adjusters are now exempt employees who are not entitled to overtime pay. However, this is not true when it comes to employees in California.
Case [...]


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Q: One of my co-workers has asked me to testify for in her discrimination case against our employer. I want to help, but I am afraid that my employer will retaliate against me if I help her.
–Want to Help But Scared (CA)
A: Both state and federal discrimination laws prohibit retaliation by employers [...]


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Q: There are rumors circulating at work that our boss is spying on employees with video surveillance. Is that legal?
–Private Eyes are Watching Me (CA)
A: The answer to your question is: it depends. Whether or not video surveillance at work is illegal depends largely upon the facts in a given situation. [...]


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