As we reported in October, nearly all California employers must develop and adopt a written Workplace Violence Prevention Plan and implement related employee training as part of their existing Cal/OSHA Injury and Illness...more
3/7/2024
/ Cal-OSHA ,
California ,
Deadlines ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Labor Reform ,
New Legislation ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
2/1/2024
/ Arbitration Agreements ,
Artificial Intelligence ,
California ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
New Legislation ,
New York ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Technology ,
Wage and Hour
Governor Newsom recently signed a slew of new bills into law at the close of California’s 2023 legislative session. Of those, there are several employment-related laws that California employers should take note of. We...more
10/27/2023
/ Bereavement Leave ,
California ,
Cannabis Products ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Governor Newsom ,
Labor Reform ,
Legislative Agendas ,
Marijuana ,
New Legislation ,
Popular ,
Privileged Communication ,
Reproductive Healthcare Issues ,
Restraining Orders ,
Sick Leave ,
State Labor Laws ,
Wage Theft ,
Workplace Safety ,
Workplace Violence
Once a startup has properly classified its worker, it should document its relationship with the worker in order to clearly identify the classification, compensation and benefits (e.g., base salary, bonus, commissions, equity,...more
An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more
On July 14, 2023, California Attorney General Rob Bonta announced an “investigative sweep” through inquiry letters sent to large California employers. The sweep seeks information on companies’ compliance with the California...more
7/24/2023
/ Board of Directors ,
Business Ownership ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Covered Business ,
Covered Employer ,
Employees ,
Employer Liability Issues ,
Healthcare Workers ,
Independent Contractors ,
Job Applicants ,
Personal Information ,
Privacy Policy ,
Regulatory Requirements
Join Fenwick’s Employment Practices Group for a 90-minute discussion of the legal developments and emerging trends that shaped 2022 then hear about the compliance recommendations, practical takeaways, and perspective on what...more
12/23/2022
/ Continuing Legal Education ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Safety
On September 27, 2022, California Governor Gavin Newsom signed into law SB 1162, which expands California’s existing pay transparency and employee data reporting laws. California joins New York and Colorado, which have...more
10/10/2022
/ California ,
Data Reporting ,
EEO-1 ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Job Applicants ,
New Legislation ,
Pay Data ,
Pay Transparency ,
Reporting Requirements ,
Salary/Wage History ,
Wage and Hour
In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering...more
7/15/2022
/ Abortion ,
Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
Federal v State Law Application ,
Pregnancy ,
Roe v Wade ,
State Labor Laws ,
Travel Reimbursements
Scores of California employers are putting the finishing touches on their pay data reports in light of the March 31, 2021 Department of Fair Employment and Housing (DFEH) filing deadline. However, there is good news for...more
California Significantly Expands Family Rights Act -
California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA,...more
10/21/2020
/ California Family Rights Act (CFRA) ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equity ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Governor Newsom ,
Independent Contractors ,
Non-Compete Agreements ,
Parental Leave ,
Pay Data ,
Proposed Rules ,
Reporting Requirements ,
Sick Leave ,
Small Business ,
Training ,
Trump Administration ,
Workplace Outbreaks
There are many ways to run afoul of labor laws and spook your investors—one of the most common for startups is “creative” pay practices. In this video, Fenwick employment litigation partners Dan McCoy and Sheeva...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
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
In Brooks v. Grundmann, a federal court of appeals in the District of Columbia held that a manager’s conduct amounted to no more than “ordinary tribulations of the workplace” and was thus insufficient to support a minority...more
EEOC Position Statement Comes Back to Bite Employer in Civil Lawsuit -
In Kwan v. Andalex Group, LLC, the Second Circuit (covering New York, Connecticut and Vermont) considered the impact of prior inconsistent...more
As this FEB went to publication, Governor Brown signed Senate Bill 292, which clarifies that sexual harassment claims under California’s Fair Employment and Housing Act do not require a showing of sexual desire. The...more
8/16/2013
/ Bereavement Leave ,
Compliance ,
Employer Liability Issues ,
FEHA ,
Harassment ,
Internships ,
Mediation ,
New Legislation ,
Sexual Harassment ,
Sick Leave ,
Termination ,
Unpaid Interns
In Westendorf v. West Coast Contractors of Nevada, Inc., the Ninth Circuit upheld the dismissal of a sexual harassment complaint, despite offensive comments made by plaintiff's supervisor and coworkers, including a request...more