California employers that have adopted arbitration agreements received a big win from the U.S. Supreme Court on June 15, 2022. In Viking River Cruises, Inc. v. Moriana, the Court validated an employer’s arbitration agreement...more
2021 has been another busy year for the Legislature’s enactment of new laws affecting California employers. Below you will find our annual 2021 Employment Law Update....more
As 2019 draws to a close, it is time to take a close look at some of the most important new laws that have been passed which will affect California employers in 2020 and beyond. As always, employers should review their...more
12/10/2019
/ ABC Test ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Independent Contractors ,
Lactation Accommodation ,
Misclassification ,
Parental Leave ,
Reasonable Accommodation ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
The New Year will welcome in a number of new California laws affecting employers. Below is a brief summary of many of these laws, which generally take effect on January 1, 2018. Employers should review their policies and...more
12/6/2017
/ Anti-Harassment Policies ,
Criminal Convictions ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Human Trafficking ,
Parental Rights ,
Posting Requirements ,
Retaliation ,
Salary/Wage History ,
Wage and Hour
According to the NLRB’s recent ruling in Chipotle Servs. LLC, 2016 BL 76781, tweeting can be a protected activity. In that decision, the presiding ALJ determined that Chipotle violated the NLRA when it directed an employee to...more
A District Court in Louisiana concluded recently that a television station’s inconsistent application of its social media policy entitled a terminated employee to defeat summary judgment regarding his discrimination claim....more
Back in August 2014, we discussed an NLRB decision, which concluded that employees’ use of Facebook’s “like” button can constitute protected concerted activity under Section 7 of the National Labor Relations Act and that the...more
As we have discussed in previous posts, the issues surrounding ownership rights to an employer’s social media account and its contents continues to be a moving target without definitive answers. A federal bankruptcy court...more
Recently, Montana became the 20th state to enact legislation restricting an employer’s access to employees’ and job applicants’ personal social media accounts. The new statute prohibits an employer from requiring or...more
In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more
7/23/2015
/ Administrative Law Judge (ALJ) ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
NLRA ,
NLRB ,
Popular ,
Protected Activity ,
Restaurant Industry ,
Social Media ,
Social Media Policy
The NLRB’s Office of the General Counsel recently published an advice memorandum regarding an employer’s social media policy that provides yet another example of the NLRB’s disapproval of policies that use overbroad language...more
Effective July 1, 2015, employers in Virginia will have to comply with a new law limiting their access to employees’ and applicants’ social media accounts. The new law prohibits employers from requiring employees or...more
A federal court in Oklahoma recently denied summary judgment to Northeastern State University, finding that a professor’s discrimination and retaliation claims, among others, could proceed to trial. The professor, Dr. Leslie...more