Welcome to the holiday season! Usually, this is the time we advise employers about holiday celebrations, provide warnings about serving alcohol during company parties, and field questions regarding employee time off requests....more
On November 30, 2020, California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency regulations to protect workers from COVID-19. The regulations require employers to develop an investigation,...more
In a 6-3 landmark decision by the United States Supreme Court, the Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964....more
6/22/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
We are now on the road to recovery – and the reopening of our businesses. Although most of us wish it were as easy as turning on a light switch, it will not be an overnight fix or a quick return to normal. Rather, it will be...more
Form I-9 Requirements and COVID-19
As many employers know, federal rules require employers to physically verify the identity and eligibility of new hires to work in the united states (Form I-9.) ...more
1. Can I ask employees to leave the workplace and stay home if I suspect they have COVID-19?
If an employee is exhibiting symptoms related to COVID-19 (i.e., cough, shortness of breath, fever) you may ask the employee to...more
With the number of Coronavirus cases increasing daily, many employers wonder what steps can and should be taken to protect their employees and customers, while still complying with California and Federal labor laws. Based on...more
3/10/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
The California Supreme Court clarified in a highly anticipated decision, that time spent waiting for and undergoing mandatory exit searches of personal items is considered compensable time under California’s Wage Orders....more
2/18/2020
/ Adverse Employment Action ,
Apple ,
CA Supreme Court ,
Class Action ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Policies ,
Minimum Wage ,
Over-Time ,
Personal Property ,
Retail Workers ,
Retailers ,
Security Checks ,
Summary Judgment ,
Wage and Hour
We previously wrote about Riot Games’ $10,000,000 settlement of a class action lawsuit for alleged discrimination, retaliation and harassment....more
Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more
Just ask Riot Games, which recently agreed to pay $10,000,000 to settle a class action lawsuit for alleged violations of the California Equal Pay Act, and gender discrimination, retaliation, and harassment. The settlement...more
12/5/2019
/ #MeToo ,
Corporate Culture ,
Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Hostile Environment ,
Retaliation ,
Settlement ,
Sex Discrimination ,
Sexual Harassment ,
Tone At The Top ,
Unfair Labor Practices
Last in our series of California’s legislative updates is a summary of bills aimed at sexual harassment in the janitorial and construction industries...more
11/6/2019
/ #MeToo ,
Construction Workers ,
Corporate Culture ,
DLSE ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Janitorial Services ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Temporary Employees
Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected...more
10/25/2019
/ Cause of Action Accrual ,
DFEH ,
Employer Liability Issues ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Labor Regulations ,
New Legislation ,
Race Discrimination ,
State and Local Government ,
State Labor Laws
California’s 2019 legislative session recently ended, leaving employers with a number of new laws requiring compliance starting January 1, 2020. To assist employers, we are publishing a series of blogs, each dedicated to a...more
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more
10/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more
9/23/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
Last week a California Court of Appeal’s decision concerning the “reporting time pay” wage order rule joined a growing line of other wage order litigation – such as those complaints regarding suitable seating, or rest...more
The 2017-2018 legislative session concluded last month with new laws effecting almost all employers in California. Here’s a summary of the new laws, as well as the bills that would have had a significant impact, but were...more
10/12/2018
/ #MeToo ,
Breastfeeding ,
Conditional Job Offers ,
Confidentiality Agreements ,
Criminal Background Checks ,
Employee Training ,
Employer Liability Issues ,
Governor Brown ,
Governor Vetoes ,
Harassment ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Regulatory Requirements ,
Salary/Wage History ,
Settlement Agreements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Strict Compliance ,
Wage and Hour ,
Waiver of Rights
De minimis is a Latin phrase that refers to something of little importance, or very irrelevant. The federal Fair Labor Standards Act (FLSA) recognizes that some employee duties are so small, or take such little time, that...more
This may not be the best time of year to talk about sick leave. The days are longer. The sun is shining. The weather is hotter. And, workplaces... well, they don’t really change by the season. So maybe it is appropriate to...more
If you missed recent news regarding the #MeToo movement – welcome back from outer space! The Me Too movement has been sweeping the U.S. and the world since October 2017, encouraging women and men to speak up about sexual...more
You can like it. You can hate it. But one thing is certain: California is a trend-setter when it comes to employees’ rights. Maintaining that tradition, Governor Brown just signed Senate Bill 63 and Assembly Bill 168 into...more
We told you about Los Angeles’ Ban the Box ordinance in early December. Also known as the Fair Chance Initiative for Hiring Ordinance (FCIHO), the new regulation seeks to reduce recidivism by limiting inquiries regarding...more
The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more
12/30/2016
/ Americans with Disabilities Act (ADA) ,
Disabilities ,
Disability Discrimination ,
Document Retention Policies ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Mental Health ,
New Guidance ,
Reasonable Accommodation