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From Crisis Comes Opportunity: A Silver Linings Playbook For Businesses Emerging From the Pandemic

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

Layoffs vs. Furloughs: What’s the Difference in California?

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 Auto Dealers’ Workplace FAQs Regarding COVID-19 Coronavirus

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

California “Suspends” Its WARN Act Under Certain Circumstances Amid COVID-19 Crisis

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

Business Groups Bring Legal Challenge to California’s Prohibition on Mandatory Arbitration Agreements

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

California Court Rules That Food And Beverage Service Charges May Qualify As Gratuities

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

New California Law Prohibits Most Mandatory Arbitration Agreements—For Now

• 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

California Supreme Court Provides Valuable Blueprint For Your Arbitration Agreement Strategy

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

Tax Reform Law Includes Paid Leave, Sexual Harassment Settlement Provisions

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

California’s WARN Act Applies to Temporary Layoffs

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

Employers Litigating PAGA Actions Take Hit From California Supreme Court

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

Sexual Harassment In The News Likely To Lead To Uptick In Claims

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 Face Significant New Equal Pay Law

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

Death Threats Lead To Employer's ADA Victory

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

Come To Work And…Get Some Sleep?

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

Labor Letter, July 2013: Updated Psychiatric Manual May Pose New Challenges for Employers

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

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