Kelly Scott

Kelly Scott

Ervin Cohen & Jessup LLP

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President Obama Signs Defend Trade Secrets Act of 2016

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 into law, culminating a three year, bipartisan effort to create a federal trade secret law that can be used by private parties in civil litigation....more

5/12/2016 - Asset Seizure Barack Obama Defend Trade Secrets Act (DTSA) Economic Espionage Act Ex Parte Intellectual Property Protection Misappropriation New Legislation Private Right of Action Trade Secrets UTSA Whistleblower Protection Policies

New Law Expands California’s Paid Family Leave and State Disability Insurance

Approximately 15 years ago California became the first state to provide paid time off to workers to care for a new child or ailing family member. The law, which is funded by required worker contributions, provides for up to...more

4/13/2016 - Disability Benefits Disability Insurance Governor Brown New Legislation Paid Family Leave Law Paid Leave Parental Leave Wage and Hour

Governor Brown Signs New Minimum Wage Increase Into Law

On April 4, 2016, Governor Brown signed Senate Bill 3, a bill which will gradually increase minimum wages in California in a manner that is very similar to the Los Angeles ordinance, except that the state increases will not...more

4/6/2016 - Consumer Price Index Governor Brown Healthy Workplaces Healthy Families Act 2014 Minimum Wage New Legislation Paid Leave Sick Leave Wage and Hour

Employment Law Reporter - March 2016

On April 1st, new regulations adopted under the Fair Employment and Housing Act (FEHA) take effect that require California employers of at least 5 individuals to develop written discrimination, harassment, and retaliation...more

3/29/2016 - Anti-Discrimination Policies Anti-Harassment Policies Anti-Retaliation Provisions Complaint Procedures Employer Liability Issues FEHA New Regulations Personal Liability Policies and Procedures Sexual Harassment Training Requirements

Don’t Put Away Those Party Supplies Just Yet: The New IRS Mileage Rates Are Here!

For the first time in human history, or at least a very long time, the mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes have declined....more

1/11/2016 - Business Travel IRS Mileage Reimbursement Popular Standard Mileage Rates Tax Deductions

New California Family Rights Regulations Align With Existing Federal Law

As we start a new year, employers should check all of their employment practices to make sure they are compliant with current laws and regulations. One of the many changes made in 2016 were comprehensive amendments made by...more

1/5/2016 - California Family Rights Act (CFRA) FMLA Joint Employers New Regulations Paid Leave Unpaid Leave Wage and Hour

Wage Garnishment Rules Will Change in 2016

Senate Bill 501 changes the amount of an employee’s weekly earnings that would be exempt from a wage garnishment order in California. Currently the amount subject to garnishment cannot exceed the lesser of 25% of the...more

12/30/2015 - Minimum Wage New Legislation Wage and Hour Wage Garnishment

New Law Extends Retaliation Protections to Family Members

Assembly Bill 1509 amends sections 98.6, 1102.5, and 6310 of the California Labor Code by extending certain retaliatory protections afforded to employees to their family members who work for the same employer. Under existing...more

12/28/2015 - Anti-Retaliation Provisions Employer Liability Issues Labor Code

New Law Gives Labor Commissioner Authority to Enforce Local Overtime and Minimum Wage Laws

By amending sections 558, 1197, and 1197.1 of the California Labor Code, Assembly Bill 970 authorizes the Labor Commissioner to investigate and, at the request of local government, enforce local laws regarding overtime hours...more

12/23/2015 - Enforcement Authority Labor Code Labor Commissioners Wage and Hour

AB 622 Restricts the Use of E-Verify

Assembly Bill 622, which takes effect on January 1, 2016, adds section 2814 to the California Labor Code. Section 2814 prohibits employers from using E-Verify to check the employment authorization status of an existing...more

12/22/2015 - Civil Monetary Penalty DHS E-Verify Employment Authorization Documents (EAD) New Legislation Social Security Administration (SSA)

Employment Law Reporter – December 2015/January 2016

New Laws for 2016 - Thousands of laws are introduced each year at the state and federal level. While only a fraction of these become law, tracking the most important laws can be a daunting task. But never fear, we have...more

12/17/2015 - Anti-Retaliation Provisions DLSE E-Verify Fair Pay Act Healthy Workplaces Healthy Families Act 2014 PAGA Piece-Rate Pay Reasonable Accommodation Sick Leave Wage Garnishment Wage Theft

Private Attorneys General Act Amended to Reduce Litigation

Effective upon signing, Assembly Bill 1506 amends the Private Attorneys General Act of 2004, commonly known as “PAGA”, in a manner that should benefit employers and employees alike and reduce lengthy litigation. Among other...more

12/16/2015 - Amended Legislation PAGA Wage and Hour Wage Statements

Healthy Workplaces, Healthy Families Act Clarified

Assembly Bill 304 was enacted on an emergency basis shortly after California’s paid sick leave law, known as the Healthy Workplaces, Healthy Families Act of 2014, became effective on July 1, 2015. There were good reasons for...more

12/15/2015 - Amended Legislation DLSE Healthy Workplaces Healthy Families Act 2014 Sick Leave Wage and Hour

New Law Provides Expanded Child Care and School Leave Rights for Employees

Senate Bill 579 expands Labor Code Section 230.8, providing additional circumstances under which employers with 25 or more employees must provide school or child care activities leave. Beginning January 1, 2016, employees may...more

12/7/2015 - Child Care Healthy Workplaces Healthy Families Act 2014 Parental Leave

New Law Creates Additional Rest and Recovery Requirements for Piece-Rate Workers

Effective January 1, 2016, Assembly Bill 1513 establishes Labor Code Section 226.2, which requires that employers paying piece-rate compensation must pay employees for rest and recovery periods and other nonproductive time...more

12/5/2015 - Minimum Wage New Legislation Piece-Rate Pay Rest and Meal Break Wage and Hour Wage Statements

New Law Targets Supervisors for Wage Liability

Senate Bill 588, referred to as the wage theft bill, significantly expands individual liability for wage and hour violations by authorizing the Labor Commissioner to hold a hearing to recover civil penalties for wage and hour...more

12/4/2015 - Joint and Several Liability Minimum Wage Personal Liability Supervisors Unpaid Wages Wage and Hour Wage Theft

The Fair Pay Act: An Equal Pay Game-Changer

It was little commented upon as it worked its way through the legislature, being just one of thousands of laws proposed each year, but make no mistake about it—Senate Bill 358, The Fair Pay Act, is an important new law for...more

12/4/2015 - Anti-Pay Secrecy Anti-Retaliation Provisions Equal Pay Fair Pay Act Gender-Based Pay Discrimination Wage and Hour

New Law Prohibits Retaliation or Discrimination in Response to Request for Accommodation

Effective January 1, 2016, Assembly Bill 987 prohibits an employer from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of...more

11/19/2015 - Adverse Employment Action Discrimination Employer Liability Issues Reasonable Accommodation Retaliation

New Law Expands Unruh Civil Rights Act

Senate Bill 600 expands the protections of the Unruh Civil Rights Act, a law designed to protect consumers. The Unruh Civil Rights Act already provides that all persons within the jurisdiction of this state are entitled to...more

11/18/2015 - Discrimination Pending Legislation Protected Class Public Accommodation Unruh Civil Rights Act

Higher Wages for Computer Software Employees for 2016

The Department of Industrial Relations recently announced an increase in the minimum hourly wage required for certain computer software workers who are exempt from overtime under California Labor Code section 515.5....more

10/28/2015 - Department of Industrial Relations Exempt-Employees Labor Code Software Software Developers Technology Sector Wage and Hour Wages

Minimum Wage Increases: Not a Simple Topic for Discussion

On October 15th, 2015, I was part of a panel/roundtable discussion regarding minimum wages. The panel was presented by the Government Affairs Committee of the Beverly Hills Chamber of Commerce at the request of the City of...more

10/20/2015 - Local Ordinance Minimum Wage Restaurant Industry Tipped Employees

Employment Law Reporter – September 2015

BACK TO SCHOOL SPECIAL EDITION: Teaching Supervisors When To Contact The Human Resources Department. It’s September. Traffic has swollen to new highs—kids are back in school. Many have forgotten what they learned. Many...more

9/4/2015 - Best Management Practices Employer Liability Issues Human Resources Professionals Supervisors Training

New NLRB Ruling is Indicative of Significant Change in Federal Employment Law

Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint...more

9/4/2015 - Administrative Interpretation Browning-Ferris Industries of California Inc. DOL FLSA Franchisee Independent Contractors Joint Employers Lyft NLRB Right to Control Sharing Economy Staffing Agencies Uber Wage and Hour

Employment Law Reporter – August 2015

THE INCREASING DANGER OF BACKGROUND CHECKS - New Laws and Emerging Privacy Rights Complicate an Already Difficult Process. The intersection of privacy laws and employment practices can be a dangerous one. Employers...more

8/26/2015 - Background Checks Ban the Box Credit Reports Criminal Background Checks Data Privacy Data Protection EEOC Employee Privacy Rights Employer Liability Issues Employment Policies Enforcement Guidance FACTA FCRA FTC Hiring & Firing Screening Procedures Sex Offender Registry

CHEERLEADERS HAVE RIGHTS TOO! New Law Addresses the Struggle of the California Cheerleader

Global warming, a decaying infrastructure, budget problems, pollution, endangered species; these are all serious problems. In a world full of serious problems, lesser tragedies frequently go unnoticed. Like the plight of the...more

7/28/2015 - Cheerleaders Employee Definition Employer Liability Issues FEHA New Legislation Sports Wage and Hour

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