Finding that LinkedIn’s “Reference Search” function was not subject to the Fair Credit Reporting Act (FCRA), a Northern California federal district court dismissed a putative class action filed on behalf of job applicants who...more
EEOC Conciliation Efforts Subject To Limited Judicial Review -
In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more
5/20/2015
/ Conciliation ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
FEHA ,
Human Resources Professionals ,
Judicial Review ,
LinkedIn ,
Litigation Fees & Costs ,
Mach Mining v EEOC ,
Paid Leave ,
Prevailing Party ,
Sick Leave
Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is maybe, according to the Ninth Circuit’s recent decision in Golden v. Calif....more
New California Family Rights Act (“CFRA”) regulations become effective on July 1, 2015. The regulations provide needed clarification and bring the CFRA more closely in line with the federal Family and Medical Leave Act...more
Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment -
Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The...more
4/29/2015
/ Business & Professions Code ,
California Family Rights Act (CFRA) ,
H-1B ,
Hiring & Firing ,
Minimum Wage ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Offensive Language ,
Protected Activity ,
Termination ,
Visa Caps ,
Wage and Hour
Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide helpful reminders for employers drafting, reviewing or enforcing arbitration...more
Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses -
Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more
In Richey v. AutoNation, Inc., the California Supreme Court held that an arbitrator committed no legal error when he determined that an employer lawfully terminated an employee for engaging in outside employment while on...more
Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS Security Solutions, Inc. held that security guards were entitled to...more
On Premises, On-Call Time Compensable; Sleep Time Not Excluded -
Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS...more
2/20/2015
/ Affordable Care Act ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employer Mandates ,
Exempt-Employees ,
On-Call Employees ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Security Guards ,
Wage and Hour
The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift security checks is not compensable under the Fair Labor Standards Act...more
The National Labor Relations Board (“NLRB” or the “Board”) has yet again expanded employees’ rights to discuss the terms and conditions of their employment or otherwise engage in protected activity. In Purple Communications,...more
Waiting for and Undergoing Security Checks Not Compensable Time -
The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more
1/13/2015
/ Cell Phones ,
Employer Liability Issues ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Integrity Staffing v Busk ,
Labor Code ,
NLRB ,
Paid Leave ,
Reimbursements ,
SCOTUS ,
Security Checks ,
Sick Leave ,
Wage and Hour ,
Whistleblowers
A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance of not simply following rote notice procedures, but ensuring such communications...more
The National Labor Relations Board (“NLRB”) upheld a San Francisco nonprofit’s decision not to rehire two employees due to their Facebook conversation. In Richmond District Neighborhood Center, the nonprofit ran an...more
Jury to Decide Adequacy of FMLA Recertification Notice Delivered by Email -
A recent case allowing an employee to take claims under the federal Family and Medical Leave Act (“FMLA”) to trial underscores the importance...more
The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including:
Private arbitration companies must provide arbitration data on their websites, in a...more
10/27/2014
/ Arbitration ,
Arbitration Agreements ,
Compliance ,
Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Harassment ,
Internships ,
Sexual Harassment ,
Training ,
Unpaid Interns ,
Workplace Bullying
A federal district court in California held in Cellular Accessories For Less, Inc. v. Trinitas LLC that whether LinkedIn contact information can be an employer's trade secret is a factual dispute that must be decided by a...more
New Laws Affecting California Employers -
The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including:
Private arbitration companies must provide...more
10/23/2014
/ American Arbitration Association ,
Arbitration ,
Arbitrators ,
Bank Holding Company ,
Customer Lists ,
Discrimination ,
Employer Liability Issues ,
Harassment ,
Joint Employers ,
LinkedIn ,
New Legislation ,
Reporting Requirements ,
Retaliation ,
Sexual Harassment ,
Subsidiaries ,
Trade Secrets ,
Training ,
Unpaid Interns ,
Whistleblowers ,
Workplace Bullying
In Kao v. University of San Francisco, a California appellate court upheld a jury’s verdict that the University of San Francisco (“USF”) lawfully terminated a professor who refused to undergo a fitness-for-duty examination....more
On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers, large or small, to provide employees paid sick leave (with limited...more
California Becomes Second State to Mandate Paid Sick Leave -
On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers,...more
A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than four hours. In Rhea v. General Atomics, plaintiff Lori Rhea, on...more
A recent announcement by the National Labor Relations Board’s (NLRB) General Counsel and a Washington Supreme Court decision underscore the risks of potential joint employer liability...more
Partial-Day Leave Deductions Lawful for Exempt Employees -
A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more
8/15/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
NLRA ,
NLRB ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Retaliation