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Monte Grix discusses the Issue of “Entrepreneurs’ or Exploited Workers?” in an article in the Daily Journal. The full article can be found below. ‘Entrepreneurs’ or Exploited Workers? By Monte Grix For years, employers have reacted to the size and breadth of employment laws and regulations in California by finding other means of classifying people…

Number 43:  The Genetic Information Nondiscrimination Act of 2008 As momentous as it was, the passage of the Civil Rights Act of 1964 was, in many ways, an incremental, evolutionary response to centuries of racial, gender, and other types of discrimination.  This is not unusual in the business of making law: there is a problem…

Number 23: After-Acquired Evidence  “You did what?  If I Hadn’t Already Fired You, I’d Fire You Now!” What if?  This is the question that has followed Title VII since its inception: how do you apply this revolutionary (yet seemingly straightforward) prohibition on workplace discrimination to an ever-changing series of facts and circumstances?  What if, for example,…

Number 7: The Pregnancy Discrimination Act of 1978 (You Mean Gender Discrimination Under Title VII Didn’t Always Include Pregnancy?)  We often think of the Civil Rights Act of 1964 first through the lens of race discrimination—understandably so, since the televised images of African Americans in nonviolent protests having fire hoses turned upon them in Birmingham,…

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks.  Last week we reported that, in a surprising turn, the Fifth Circuit Court of Appeals recently enforced one of those decisions in Flex Frac…