The reopening of schools during the COVID-19 pandemic continues to present challenges for working parents and the businesses that employ them. The mix of virtual and live classroom curricula are as varied and complex as the...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
The rapid onset of the coronavirus crisis stripped many employers of the opportunity to prepare an orderly retreat from the physical workplace. Following the government-imposed stay-in-place orders, employers shifted their...more
The rapid onset of the coronavirus crisis stripped many employers of the opportunity to prepare an orderly retreat from the physical workplace. Following the government-imposed stay-in-place orders, employers shifted their...more
One important question the Families First Coronavirus Response Act (“FFCRA”) and other recent legislative changes raise for employers is how to track and account for employee leaves. While most employers already have systems...more
4/9/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Payroll Records ,
Payroll Taxes ,
Recordkeeping Requirements ,
Relief Measures ,
Remote Working ,
Sick Leave ,
Telecommuting ,
Timekeeping ,
Tracking Systems
One important question the Families First Coronavirus Response Act (“FFCRA”) and other recent legislative changes raise for employers is how to track and account for employee leaves. While most employers already have systems...more
The CDC and other governmental agencies have been critical in guiding employers with recommended protocols for the physical health and safety of employees and other individuals in our workplaces. While an employee’s physical...more
California AB 51’s ban on mandatory employment arbitration remains stayed for now. AB 51 was passed in fall 2019 and essentially prohibits employers from requiring an applicant or employee to consent to mandatory arbitration...more
1/13/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
TRO
After being in effect for a year, California’s groundbreaking gender parity law for public company boards, while under legal attack, has not (yet) been enjoined in a similar manner to other recent creative California...more
AB 5’s elimination of independent contracting as we know it in California will have significant legal consequences for businesses doing business in California. While we believe board directors will escape its reach,...more
The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices...more
10/30/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Governor Newsom ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Right to Delete
California Governor Gavin Newsom just signed AB 51 into law, which means that effective January 1, 2010, employers will (purportedly) be prohibited from requiring employees to consent to mandatory arbitration of employment...more
10/28/2019
/ Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Employer Liability Issues ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Labor Code ,
Mandatory Arbitration Clauses ,
New Legislation ,
State Labor Laws
The California legislature has now passed AB 5 and, if Governor Gavin Newsom signs the bill into law as expected, California will effectively ban nearly all categories of independent contractors – not just gig economy...more
9/13/2019
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
This week, the California Supreme Court rejected the old “totality of circumstances” test to determine if a worker was properly classified as an independent contractor in favor of a new “ABC test” under which employers will...more
Many state legislatures spent 2017 tinkering with post-employment covenants. Given the growing trend to legislate locally and the employee mobility issues that seem to nag every employer, we thought the New Year would be a...more
Resolution #1: Don’t let your Workplace be the Next Headline: Review and Refresh your Non-Harassment Policies and Training.
Welcome (almost) to the New Year: a time of renewal, a fresh start, a clean slate, and a time to...more
California has joined a growing list of jurisdictions, including New York City, Massachusetts, Delaware and Oregon, among others, banning salary history inquiries from job applicants. Governor Brown signed the law into effect...more
The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more
8/17/2017
/ Diversity ,
Employee Rights ,
Employer Rights ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Google ,
Hiring & Firing ,
Off-Duty Employees ,
Right to Peaceful Assembly ,
Social Media
Sounds like something our favorite attorney Bob Loblaw would be part of. In reality, the PAGA SAGA (for those of you without California employees) relates to PAGA, the acronym for California’s Private Attorneys’ General Act,...more
8/15/2017
/ Appeals ,
Arbitration Agreements ,
CA Supreme Court ,
Class Action ,
Discovery ,
Employer Liability Issues ,
Labor Code ,
Limited Jurisdictional Discovery ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s...more
California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions concerning an applicant or employee’s criminal convictions will now be subject to the new regulation... That regulation...more
7/6/2017
/ Adverse Impact ,
Background Checks ,
Ban the Box ,
Business Necessity ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Rules ,
State and Local Government
Blended families may be more common than organic ones these days and perhaps the same can be said about employees in corporate America....more
The trend toward local regulation of employment laws continues in California with three new local wage and hour enactments....more
If there is a predictive model for dating, why can’t the same model apply to the employment relationship?
I was fascinated to learn recently that eHarmony, the online dating site, had launched a career site called...more