Random drug testing is generally only permitted in California for employees in “safety-sensitive” positions. However, the law does not clearly define the term “safety-sensitive” and no court has provided a black and white test to determine whether an ...
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Updates
Off-Duty Co-Worker Harassment Claim Found Viable Against Company
In the recent decision of Kruitbosch v. Bakersfield Recovery Services, Inc. (CA5 F087809 partial pub. 9/8/25), a California court held that, although sexual harassment by a co-worker outside the workplace was not “work-related,” the employer’s ...
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Court of Appeal Reaffirms California Businesses Need Not Grant Indefinite Medical Leave
Extended medical leave is challenging for California businesses to navigate, especially when there is no clear return to work date. California and federal law state that extended leave is sometimes necessary as a reasonable accommodation, but what if ...
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Off-the-Clock Cannabis Use in California: What Employers Need to Know Before Testing Employees
Since January 1, 2024, California law has protected employees and job applicants from discrimination based on their off-duty cannabis use. While employers can still enforce drug-free workplace policies, AB 2188 added Government Code section 12954 to ...
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Can an Investigation Report Land You in Court?
A recent California Court of Appeal decision, Hearn v. Pacific Gas & Electric Co. (2025) 108 Cal.App.5th 301, offers valuable guidance for employers and third-party investigators involved in drafting workplace investigation reports. The case ...
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July: Mid-Year Updates
New CRD Notice Now Available: “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations”
As of July 1, 2025, the California Civil Rights Department (CRD) published a new mandatory workplace notice in compliance with ...
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Jury Awards $4 Million for Secondhand Sexual Harassment
Appellate court finds harassment need only alter working conditions as to ‘make it more difficult to do the job’
Most California employers understand that under the Fair Employment and Housing Act (FEHA) they are required to promptly investigate ...
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Beware: An Employer’s Conduct when Presenting an Employee with an Arbitration Agreement May Render It Unenforceable
Arbitration agreements, particularly those containing a class action waiver, are a powerful tool for employers seeking to efficiently manage employment disputes. A recent California appellate court ruling, Velarde v. Monroe Operations, LLC, ...
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