It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
There has been much confusion lately about the meaning of the terms “layoff” and “furlough.” Neither term has any specific meaning in California employment law. In common usage, a “layoff” is typically considered more...more
California is under a shelter-in-place order that threatens to impact businesses throughout the state. Meanwhile, the “Families First Coronavirus Response Act” will take effect on April 2, 2020, ushering in an emergency...more
3/23/2020
/ Automotive Industry ,
Business Closures ,
Car Dealerships ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Family and Medical Leave Act (FMLA) ,
Governor Newsom ,
Layoffs ,
Operators of Essential Services ,
Paid Leave ,
Sick Leave ,
Wage and Hour
Among other challenges in the last week, California employers have grappled with important issues relating to reducing their workforces: Are we subject to the state and federal laws requiring advance notice of layoffs? If so,...more
A coalition of business groups led by the U.S. Chamber of Commerce just filed a lawsuit against California Attorney General Xavier Becerra and other state officials seeking to block AB 51, a recently passed statute which will...more
A California appellate court just held that mandatory service charges added by banquet facilities to their contracts may need to be paid to banquet service employees essentially as a form of a gratuity. The October 31, 2019...more
First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the...more
10/15/2019
/ Amended Legislation ,
Arbitration ,
Arbitration Fees ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Delays ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Filing Deadlines ,
Governor Newsom ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Misclassification ,
New Legislation ,
Privacy Laws ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
• Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Mandatory Arbitration ,
Preemption ,
Private Right of Action ,
State Labor Laws
The California Supreme Court recently handed down an intriguing decision which casts doubt on – and in some cases even condemns – some of the most common practices used by employers in both drafting and presenting arbitration...more
The Tax Cuts and Jobs Act (H.R. 1), passed by Congress on December 20 and expected to be signed into law by President Trump in the coming days, contains several provisions that will directly impact employers and workplace...more
12/22/2017
/ Affordable Care Act ,
Attorney's Fees ,
Business Ownership ,
Confidentiality Agreements ,
Employee Benefits ,
Employer Liability Issues ,
Fringe Benefits ,
Hiring & Firing ,
Human Resources Professionals ,
Individual Mandate ,
Non-Disclosure Agreement ,
Paid Leave ,
Repeal ,
Sexual Harassment ,
Tax Credits ,
Tax Deductions ,
Tax Incentives ,
Tax Reform ,
Trump Administration ,
Wage and Hour
A California appellate court has ruled that California’s WARN Act, which requires 60 days advance notice of “mass layoffs,” applies to temporary layoffs and furloughs. The case (Boilermakers Local 1998 v. Nassco Holdings,...more
In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more
7/18/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Contacts List ,
Discovery ,
Discovery Disputes ,
Employee Privacy Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Labor Law Violations ,
Litigation Fees & Costs ,
Motion to Compel ,
Privacy Concerns ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Unduly Burdensome ,
Wage and Hour
Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines...more
California employers will soon be subject to a new equal pay law that will create a much stricter standard for gender pay equity. Passed by the state legislature with broad bipartisan support and signed into law by Governor...more
It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more
9/1/2015
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Best Practices ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Essential Functions ,
Hiring & Firing ,
Medical Leave ,
Termination ,
Work-Induced Stress ,
Workplace Hazards
Once upon a time, falling asleep at work was one of the best ways to get fired. Now, however, snoozing employees may not just have to be tolerated, they may need to be paid as well! How did we get to such an absurd point?...more
Suppose a shy and awkward employee who just performed badly in a customer presentation brings a note from his doctor diagnosing “Social (Pragmatic) Communication Disorder” and asks not to have to meet with customers again as...more
7/8/2013
/ Age Discrimination ,
Compliance ,
Discrimination ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Employer Mandates ,
Handbooks ,
Health Insurance ,
Healthcare ,
Mental Health ,
Mental Illness ,
Psychological Counseling ,
PTSD