Doug Dexter

Doug Dexter

Farella Braun + Martel LLP

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Supervisor-Caused Stress is Not a “Disability” under the FEHA

The inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of job performance is not a disability recognized under California’s Fair Employment and Housing...more

6/4/2015 - Adjustment Disorder CFRA Disability Discrimination Disability Leave FEHA FMLA Interactive Process Performance Reviews Reasonable Accommodation Supervisors Work-Induced Stress Wrongful Termination

San Francisco’s Minimum Wage Increases to $12.25 on May 1, 2015

On May 1, 2015, the minimum wage within the city limits of San Francisco will rise to $12.25 per hour. All employers, regardless of where their facilities are located, must pay this new minimum wage for all hours worked to...more

4/10/2015 - Ballot Measures Labor Standards Enforcement Minimum Wage San Francisco

California’s Sick Leave Law Will Require Altering Most PTO Programs by July 2015

On September 10, 2014, Governor Brown signed into law the Healthy Workplaces, Healthy Families Act of 2014, mandating paid sick leave for most employees, including part-time, as well as many temporary employees. Employers...more

1/15/2015 - Employee Benefits Employer Mandates Jerry Brown New Legislation Paid Leave Sick Leave

NLRB Limits Employers’ Ability to Restrict Employee Email Use During Nonworking Time, Reversing Precedent

The National Labor Relations Board (the “Board”) overruled its precedent this week by holding that employee use of e-mail for collective action communications during nonworking time must presumptively be permitted where...more

12/15/2014 - Email NLRB Protected Concerted Activity Purple Communications Unions

New California Law Holds Employers Liable for Labor Contractor’s Wage Violations

California Governor Jerry Brown recently signed into law A.B. 1897, significantly expanding the potential liability of employers who use labor contractors, subcontractors, or staffing agencies for workers. Effective January...more

10/8/2014 - Employer Liability Issues Jerry Brown Labor Code Labor Contractor New Legislation Staffing Agencies Subcontractors Third-Party Liability Wages

California Expands Mandatory Harassment Training to Include “Bullying” Prevention

California Governor Jerry Brown signed AB 2053 into law this month amending Government Code Section 12950.1 to require employers to address “abusive conduct” in their mandatory workplace sexual harassment prevention training....more

9/23/2014 - Bullying Harassment Sexual Harassment Training Workplace Bullying

New Law Requires California Employers to Provide Paid Sick Leave

California Governor Jerry Brown has signed into law the Healthy Workplaces, Healthy Families Act of 2014. The new law requires almost all California employers to provide paid sick time to most full-time and part-time...more

9/17/2014 - Employee Rights Employer Liability Issues New Legislation Paid Leave Sick Leave Wage and Hour

California Employers Required to Pay Employees’ Work-Related Cell Phone Expenses

A California Court of Appeals held recently in Cochran v. Schwan’s Home Service, Inc. that employers must reimburse employees for cell phone expenses when the employees are required to use their personal cell phones for...more

8/25/2014 - Cell Phones Mobile Devices Reimbursements

Employers May Require Exempt Employees to Use Accrued Leave for Absences Shorter Than Half a Day

On July 21, 2014, a California Court of Appeal held that overtime exempt status is not undermined by requiring employees to use accrued leave for absences of less than half a day. ...more

7/25/2014 - Appeals Employer Liability Issues Exempt-Employees Paid Leave Unpaid Leave Unpaid Overtime

California Supreme Court Splits From Federal Law on Commissioned Employee Exemption Compliance

On July 14, 2014, the California Supreme Court clarified the commissioned employee exemption from overtime under California law. In Peabody v. Time Warner Cable, Inc., the court confirmed that calculations necessary to...more

7/18/2014 - Employer Liability Issues Exemptions Over-Time Sales Commissions Time Warner Cable Wage and Hour

California Supreme Court Authorizes Class Action Waivers In Arbitration Agreements

On June 23, 2014, the California Supreme Court held that employees may expressly waive their ability to bring class actions when agreeing to arbitrate disputes with their employer. In Iskanian v. CLS Transportation Los...more

6/25/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act Iskanian SCOTUS Trucking Industry

New Legal Guidance For Modifying Arbitration Agreements

Employers have had some reluctance to expressly reserve the right to modify arbitration agreements in light of arguments that the agreements might be found illusory and unenforceable. Last week, the Second Appellate District...more

3/26/2014 - Arbitration Arbitration Agreements Modification

New San Francisco Ordinance Requires Employers To Discuss Family Life Accommodations

Effective January 1, 2014, the San Francisco Friendly Workplace Ordinance will provide employees working within City and County limits a specified method to request flexible work schedules or other accommodations to help the...more

11/19/2013 - Flexible Work Arrangements Local Ordinance

12 New Laws California Employers Need To Know

California Governor Jerry Brown has recently signed into law numerous bills that will impact California employers. The most notable new California statutes, and one new San Francisco Ordinance, are summarized below. All...more

10/30/2013 - Anti-Retaliation Provisions Compliance Crime Victims Criminal Background Checks Domestic Violence FEHA Flexible Work Arrangements Harassment Military Service Members Minimum Wage Paid Leave Sexual Assault Sexual Harassment Stalking Veterans Wages Whistleblower Protection Policies

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