If you’ve been following the legal fight over Seattle’s 2015 proposal to permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form the country’s first gig economy unions, you might feel...more
5/14/2018
/ Antitrust Litigation ,
Appeals ,
Chamber of Commerce ,
Corporate Counsel ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Legislative Agendas ,
Local Ordinance ,
Lyft ,
Price-Fixing ,
Ridesharing ,
State Action Doctrine ,
Uber ,
Union Organizers ,
Unions ,
Wage and Hour
As most employers in California know, meal and rest period litigation has been a hot area for more than a decade, troubling employers across all industries. This is largely because state law provides extremely rigid...more
As we discussed back in January, sexual harassment appears to be the hot topic for the California State Legislature’s 2018 session. This is certainly not a surprise, as issues related to sexual harassment and the #MeToo...more
2/21/2018
/ Adverse Action ,
Arbitration ,
Chamber of Commerce ,
Civil Code ,
Confidentiality Agreements ,
Corporate Counsel ,
Defamation ,
DFEH ,
Domestic Violence ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Former Employee ,
Hiring & Firing ,
Hotels ,
Leave of Absence ,
Legislative Agendas ,
Lobbyists ,
Non-Disclosure Agreement ,
Personal Liability ,
Proposed Legislation ,
Public Agencies ,
Record Retention ,
Recordkeeping Requirements ,
Release of Claims ,
Reporting Requirements ,
Retaliation ,
Settlement Agreements ,
Sexual Assault ,
Sexual Harassment ,
Stalking ,
Statute of Limitations ,
Whistleblower Protection Policies ,
Whistleblowers
The California Legislature reconvened on January 3 to begin the second year of the 2017-18 legislative session. As anticipated, sexual harassment appears to be the “hot topic” for the Legislature this year, with nearly a...more
1/8/2018
/ Arbitration ,
Corporate Counsel ,
Hospitality Industry ,
Hotels ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Proposed Legislation ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws ,
Unions ,
Whistleblower Protection Policies
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
SB 63 requires employers with between 20 and 49 employees to provide up to 12 weeks of unpaid job-protected parental leave to bond with a new child. The signing of SB 63 follows previous unsuccessful efforts to extend...more
10/13/2017
/ California Family Rights Act (CFRA) ,
Corporate Counsel ,
DFEH ,
Family and Medical Leave Act (FMLA) ,
Governor Brown ,
New Legislation ,
Parental Leave ,
Small Employers ,
State Labor Laws ,
State Pilot Programs ,
Unpaid Leave
California joins other states and municipalities in banning inquiries into salary history of applicants. AB 168 prohibits employers from seeking salary history information or relying on the salary history information...more
Senate Bill 306, among other things, allows an employee or the Labor Commissioner to obtain a preliminary injunction (ordering the employee to be reinstated pending their retaliation claim) upon a mere showing of “reasonable...more
10/4/2017
/ Burden of Proof ,
Collective Bargaining ,
Corporate Counsel ,
Enforcement Actions ,
Governor Brown ,
Injunctive Relief ,
Labor Commissioners ,
New Legislation ,
Penalties ,
Preliminary Injunctions ,
Reasonable Cause Defense ,
Retaliation ,
State Labor Laws ,
Termination ,
Union Organizers ,
Unions ,
Whistleblowers
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more
9/9/2017
/ Affirmative Action ,
Appeals ,
Audio Recording ,
Class Action ,
Classification ,
College Admissions ,
Corporate Counsel ,
Data Breach ,
Department of Justice (DOJ) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Gig Economy ,
Green Cards ,
Hardship Distributions ,
Hurricane Harvey ,
Identity Theft ,
Independent Contractors ,
NLRB ,
On-Demand Services ,
Online Platforms ,
Over-Time ,
Pay Data ,
Popular ,
Standing ,
Trump Administration ,
Unions ,
Vetting ,
Wage and Hour ,
Wellness Programs
The battle over organizing workers in the on-demand economy continues to heat up. Yesterday, a federal court in Washington dismissed a lawsuit filed by the U.S. Chamber of Commerce and others challenging the City of Seattle’s...more
8/2/2017
/ Antitrust Violations ,
Appeals ,
Arbitration ,
Chamber of Commerce ,
Corporate Counsel ,
Dismissals ,
Gig Economy ,
Independent Contractors ,
Local Ordinance ,
Lyft ,
NLRA ,
Preemption ,
Preliminary Injunctions ,
Price-Fixing ,
Ridesharing ,
State Action Immunity ,
Uber ,
Unions
Since the election of President Trump, the California Legislature has been vocal and active in efforts to resist announced or anticipated actions of the Trump administration. This includes efforts to make California a...more
3/28/2017
/ Anti-Retaliation Provisions ,
Corporate Counsel ,
Department of Labor (DOL) ,
Deportation ,
E-Verify ,
Employer Liability Issues ,
Federal v State Law Application ,
Form I-9 ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Labor Commissioners ,
Notice Requirements ,
Proposed Legislation ,
Sanctuary Cities ,
State and Local Government ,
Trump Administration ,
Workplace Investigations
With the February 17 deadline to introduce bills in the California Legislature having come and gone, now is a good opportunity to take stock of what the coming year portends for labor and employment legislation in California....more