As unlimited vacation policies increase in popularity, California employers must be careful to avoid legal pitfalls in drafting and implementation. In the first California appellate decision to address unlimited vacation...more
As states and localities begin to relax shelter-in-place requirements and allow businesses to reopen, the coronavirus pandemic presents new challenges for employers. In addition to operational and logistical questions...more
4/29/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Coronavirus/COVID-19 ,
DFEH ,
Duty of Confidentiality ,
EFMLA ,
Employer Liability Issues ,
Employer Responsibilities ,
EPSLA ,
Equal Employment Opportunity Commission (EEOC) ,
Flexible Work Arrangements ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hiring & Firing ,
Medical Testing ,
PHI ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Rehiring Issues ,
Sick Leave ,
State and Local Government ,
Workplace Safety
With the spread of COVID-19 and the rapidly evolving federal, state, and local government response, it can be difficult for employers to keep up with their rights and obligations. This week, California’s Governor Gavin Newsom...more
3/24/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Layoffs ,
Notice Requirements ,
San Francisco ,
Sick Leave ,
Sick Pay ,
Unemployment Insurance ,
WARN Act
California employers are in for a busy new year of evaluating their workplace rules and practices due to a sizable list of new laws passed by the California legislature for 2020. These new laws may affect daily business...more
2/4/2020
/ Arbitration ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Events ,
FEHA ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Misclassification ,
New Legislation ,
Risk Mitigation ,
State Labor Laws ,
Wine & Alcohol ,
Wineries
On Jan. 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, will take effect.
Originally published in the North Bay...more
11/25/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Retention ,
Data Security ,
Data-Sharing ,
Disclosure Requirements ,
Employee Privacy Rights ,
Employer Liability Issues ,
Notice Requirements ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Security Breach ,
State Data Breach Notification Statutes ,
Websites
On January 1, 2020, the California Consumer Privacy Act (CCPA), a consumer-friendly privacy law inspired by the European Union’s General Data Protection Regulation, is set to take effect. The CCPA is aimed towards bolstering...more
10/3/2019
/ California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Use Policies ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Records ,
Job Applicants ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
Privacy Laws
Over the last several years, attitudes towards marijuana use have rapidly changed in the United States. According to a 2018 Pew Research Survey, 62 percent of U.S. respondents said marijuana use should be legal, compared to...more
7/30/2019
/ Controlled Substances Act ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Drug Testing ,
Drug-Free Workplace Act ,
Employer Liability Issues ,
Employment Policies ,
Federal v State Law Application ,
Hiring & Firing ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use
California Governor Gavin Newsom has signed into law the nation’s first bill banning discrimination based on an employee’s hairstyle. Senate Bill 188, otherwise known as the Crown Act, expanded the definition of race under...more
7/30/2019
/ Disability Discrimination ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Gender Identity ,
Governor Newsom ,
Hairstyle Discrimination ,
New Legislation ,
Race Discrimination ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
Sex Discrimination ,
State Labor Laws
The California Supreme Court established a new three-part test to determine whether a purported independent contractor should be classified as an employee covered by California’s Wage Orders. Dynamex Operations West, Inc. v....more
5/7/2018
/ ABC Test ,
CA Supreme Court ,
Classification ,
Delivery Drivers ,
Employer Liability Issues ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
The state of California has long led the nation in regulating the employment relationship. From continuously expanding the classes of employees protected under its anti-discrimination laws, to passing one of the nation’s most...more
5/4/2018
/ Amended Rules ,
Anti-Discrimination Policies ,
Ban the Box ,
Best Practices ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
FEHA ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
Race Discrimination ,
Salary/Wage History ,
State and Local Government ,
State Labor Laws ,
Title VII
If you are planning to hire new employees to work in your winery, you should be aware of two new employment laws that restrict employers from obtaining and relying upon certain information about job applicants.
Originally...more
Employers seeking to limit the vacation accrual of new employees just received some welcome news. The California Court of Appeal reaffirmed that California law does not prohibit employers from imposing a waiting period...more
8/4/2017
/ Accrual Method ,
Appeals ,
Corporate Counsel ,
Employee Benefits ,
Employment Policies ,
Express Contract Terms ,
Hiring & Firing ,
New Hires ,
Vacation Leave ,
Vacation Pay ,
Waiting Periods