Kelly Scott

Kelly Scott

Ervin Cohen & Jessup LLP

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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 human 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

New FMLA Forms Issued by Department of Labor

The US Department of Labor recently revised the model Family and Medical Leave Act notices and medical certification forms to be given to employees in connection with the FMLA. The forms are not substantially changed from the...more

7/10/2015 - DOL FMLA Medical Certification Requests Required Forms

Another Bill Seeks To Increase California’s Minimum Wage

For the third year in a row, the California Senate is seeking to increase California’s minimum wage with automatic adjustments for inflation. Specifically, Senate Bill 3 proposes to raise minimum wage to $11 per hour on...more

6/10/2015 - Minimum Wage Pending Legislation

Employment Law Reporter – June 2015

Abercrombie & Fitch’s “Look Policy” Needs A Makeover After The Supreme Court Looked At It - The Abercrombie & Fitch clothing company is famous for their scantily clad models with six-packs and very little actual clothing...more

6/9/2015 - Abercrombie & Fitch Appearance Policy Disparate Impact Disparate Treatment EEOC v Abercrombie Hiring & Firing Job Applicants Minimum Wage Reasonable Accommodation Religious Discrimination SCOTUS Title VII

Supreme Court Denies Review of PAGA Waiver Case… Again

In a move that will undoubtedly frustrate California employers, the United States Supreme Court has denied review of Bridgestone Retail Operations v. Milton Brown, a California Supreme Court case which held that Private...more

6/2/2015 - Arbitration Arbitration Agreements Bridgestone Class Action Arbitration Waivers Federal Arbitration Act PAGA Preemption SCOTUS

A Reminder: Mandatory Paid Sick Leave Starts July 1, 2015

A hot topic for legislators throughout the United States, last fall California became the second state to require paid sick leave. Effective July 1, 2015, California’s Healthy Workplaces, Healthy Families Act of 2014 provides...more

5/6/2015 - Employer Mandates Healthy Workplace Act Paid Leave Sick Leave

Wage Recovery Penalties Continue to Increase

Continuing in a trend that started in 2013, the California Legislature focused considerable time and effort on expanding liability and increasing penalties under several existing laws for 2015....more


15 Things To Do To Protect Value After April 15

April 15, a date that lives in infamy. That is what FDR said about December 7, 1941, but many people feel the same way about April 15, also known as “Tax Day”. No one likes paying money to the IRS, even those persons who...more

4/10/2015 - Business Assets Confidential Information Confidentiality Agreements Employee Handbooks Employment Contract Trade Secrets

New Law Targets Employers Who Contract for Labor

Assembly Bill 1897 is essentially an effort to hold employers who contract for labor accountable for wage and hour violations, something the legislature has sought to do in various failed legislative attempts over the last...more

3/31/2015 - Employer Liability Issues Labor Contractor Pending Legislation Staffing Agencies Wage and Hour

Interns and Volunteers Protected from Workplace Harassment, Discrimination and Retaliation

We’ve written here about the abuse of interns previously. At the time, we were focused on the all-too-common practice of using unpaid interns to augment the workforce, a violation of labor law that occurs frequently in the...more


A Reminder: Employers Must Train Supervisors on the Prevention of Abusive Conduct

Assembly Bill 2053 expanded the existing requirement for sexual harassment training under Government Code section 12950.1 to include training on the prevention of abusive conduct. Effective January 1, 2015, the law applies to...more

3/17/2015 - Abusive Conduct Training Sexual Harassment Supervisors Training Training Requirements

New Law Seeks to Encourage Higher Wages Through the Public Shaming of Employers

One of the more interesting laws to emerge from the 2014 legislative session was Assembly Bill 1792. AB 1792 amends and adds sections to the Government Code, Unemployment Insurance Code and Welfare and Institutions Code....more

3/9/2015 - Medi-Cal Public Benefits Reporting Requirements Wages

EEOC Reports Statistics on Employee Filings for 2014

At the beginning of every year, the Equal Employment Opportunity Commission reports statistics on types of charges filed by employees and former employees over the course of the preceding year. These statistics help employers...more

2/9/2015 - EEOC Employer Liability Issues Enforcement Statistics Information Reports

Expenses Can Be Expensive: Cochran v. Schwan’s Home Service, Inc. Revisited

Most California employers know that they have to reimburse employees for business-related expenses. Indeed, California Labor Code section 2802(a) provides that an employer “shall indemnify his or her employee for all...more

1/21/2015 - Bring Your Own Device Cell Phones Labor Code Reimbursements

A Reminder for Small Businesses in Need of a Tax Credit

Although the Patient Protection and Affordable Care Act does not require small businesses to purchase group healthcare insurance for their employees, there is a tax credit available if they choose to do so. Specifically, a...more

1/15/2015 - Affordable Care Act Employer Group Health Plans Employer Mandates Small Business Tax Credits

Employment Law Reporter – January 2015

New Laws for 2015 - With hundreds of laws being proposed in the California Legislature each year, it is hardly a surprise that more than a few are signed into law. For employers, staying abreast of these new laws is a...more

1/14/2015 - Abusive Conduct Training Employer Liability Issues Employer Mandates OSHA Sick Leave Unpaid Interns Unpaid Wages Volunteers Wage and Hour Workplace Safety

Want to Reimburse Your Employees for Healthcare Coverage?

Fine, but make sure that you do so correctly. Many employers prefer to reimburse employees for healthcare insurance premiums rather than hassle with providing coverage under a group healthcare plan. In so doing, these...more

1/13/2015 - Affordable Care Act Employer Group Health Plans Employer Liability Issues Employer Mandates Reimbursements

New Mileage Rates for 2015

Oil prices may be going down, but reimbursement rates are going up. On January 1, 2015, the IRS standard mileage deduction rate increased from 56¢ to 57.5¢ per mile for business miles driven. ...more

1/6/2015 - IRS Standard Mileage Rates

Are Your Posters Current?

In order to comply with employment notice requirements under state and federal law, employers must be sure that all notices and posters they display for their employees are current and that they post any newly required...more

12/30/2014 - Employer Mandates Notice Requirements Posting Requirements Wage and Hour

Spreading the Holiday Cheer with Temporary Closings

Many businesses shut down for specific periods of time over the holidays. Often this is due to a reduction in the amount of available work and/or a reduction in available staffing. In some cases, such as the entertainment...more

12/12/2014 - DLSE Holidays

IRS Issues 2015 HSA Contribution Limits

Each year, the IRS issues contribution limits for Health Savings Accounts for the upcoming year. The 2015 contribution limits are outlined below....more

10/20/2014 - Defined Contribution Plans Health Savings Accounts IRS

The NLRB Does It Again!

The National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum....more

8/19/2014 - Canning v NLRB NLRB Recess Appointments

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