3 Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some tips for ensuring bad AI-actors don't end up working inside an organization. Today's WSJ...more
My colleagues recently wrote about the problems AI deepfakes pose in the workplace and some current legislation addressing the risks that AI poses through exploitative images on social media and in the workplace. It is...more
In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin hosts a conversation on the role of AI in human resources decision making in the workplace. This episode is part of a series of...more
In the latest episode of the Mintz on Air: Predictions and Practical Policies Podcast, ESG Co-chair Jen Rubin hosts a thoughtful discussion on diversity diversions and the future of DEI programs under the new administration....more
Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more
7/9/2024
/ CA Supreme Court ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available!
This year, we are thrilled to feature Hon. William McCurine as our keynote speaker.
The segments this year...more
5/7/2024
/ Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Best Practices ,
C-Suite Executives ,
California ,
Chief Compliance Officers ,
Chief Diversity Officer (CDOs) ,
Continuing Legal Education ,
Corporate Counsel ,
Data Reporting ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Events ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Compete Agreements ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
Beginning July 1, 2024, a new California law (SB 553) will require most California employers to establish workplace violence prevention plans. We answer 10 frequently asked questions about the new law below....more
4/9/2024
/ Cal-OSHA ,
California ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
This week's controversy regarding the termination of former Republican National Committee Chair Ronna McDaniel from her broadcasting position before she started work raises many issues concerning politics in the workplace...more
The Journal's recent piece about managing employees with misperceptions about their employment self-worth reminds us once again why honest and timely performance feedback makes good business sense. I have written before about...more
Spotify announced this week, through a very public memo to its employees, its plan to layoff about 17% of its workforce. In so doing, Spotify joins a number of other technology companies that have recently announced...more
Today's Wall Street Journal featured not one but two articles addressing jerky behavior at work. The first article addressed the extremes of people management: the supervisor who approaches business in a “nice” manner risks...more
The California Supreme Court has closed the door on the employer-friendly rule the U.S. Supreme Court set out in the case of Viking River Cruises Inc. v. Moriana. There, the Supreme Court held that employees could waive their...more
7/26/2023
/ Arbitration ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Standing ,
Uber ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
A few months ago, we wrote about the NLRB General Counsel's opinion that some non-disparagement and confidentiality provisions in employment agreements potentially interfered with employees' NLRA Section 7 rights. That...more
Employers with SVB accounts face a serious predicament with an imminent and urgent need to make payroll. Given the potential liabilities that result from missed wage payments, there are some steps employers can take now to...more
UPDATE: A federal appeals court (the Fifth Circuit Court of Appeals) permanently blocked OSHA’s vaccine rule on November 12, 2021, citing to “serious constitutional concerns” with the rule. This is not the end of the...more
11/30/2021
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Health and Safety ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Federal Occupational Health and Safety Administration (OSHA) has released its long-awaited Emergency Temporary Standard (ETS) pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In this video, Mintz Employment Member, Jen Rubin, discusses a few important issues employers need to know with respect to vaccination programs....more
Cal/OSHA has relaxed some of its COVID-19 Prevention Emergency Temporary Standards (ETS) for fully vaccinated individuals to better align with the California’s June 15, 2021 goal to end most mask and physical distancing...more
The CDC’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing, has created significant confusion for employers navigating...more
The EEOC has updated its guidance regarding mandatory vaccination in the workplace and has outlined the permissible scope of a mandatory vaccination program. While the guidance has neither the force nor application of a...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Title VII ,
Undue Hardship ,
Vaccinations
The deployment of a safe, effective vaccine for COVID-19 is eagerly anticipated to combat the pandemic. It may be a mistake, however, for employers to assume the vaccine will create a COVID-19-safe working environment that...more
12/9/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Workplace Safety
California employers are now subject to three new COVID-19 related reporting obligations when there is a COVID-19 positive employee or employees in their workplaces, including: reporting to their (1) workers’ compensation...more
California has amended its independent contractor law to make more jobs and professions exempt from the “ABC” test that AB 5 codified last year. Governor Newsom signed the amendment into law on September 4, 2020. It becomes...more
The discovery, testing and mass deployment of a COVID-19 vaccine are welcome developments in potentially ending the Coronavirus pandemic. A safe and widely available vaccine will also allow employees to return to the physical...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Infectious Diseases ,
Popular ,
Public Health ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Companies planning to conduct pandemic-related temperature checks for California employees and visitors to their premises should consider their compliance obligations under the California Consumer Privacy Act (“the CCPA”). If...more