As many employers already know, California imposes several restrictions concerning pay disclosures. Labor Code Section 432.3 prohibits employers from inquiring into and relying on an applicant’s salary history and further...more
1/4/2023
/ Employees ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Code ,
Labor Commissioners ,
Labor Reform ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Rates ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
In a 6-3 landmark decision by the United States Supreme Court, the Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964....more
6/22/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more
9/23/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions concerning how (or if) the test should...more
5/29/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more
12/30/2016
/ Americans with Disabilities Act (ADA) ,
Disabilities ,
Disability Discrimination ,
Document Retention Policies ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Mental Health ,
New Guidance ,
Reasonable Accommodation
Tis the season for new laws in California and not all of it brings good tidings and cheer for employers.
Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more
9/21/2016
/ Agricultural Workers ,
Corporate Counsel ,
DLSE ,
Domestic Violence ,
Domestic Workers ,
Educational Institutions ,
Hiring & Firing ,
Labor Code ,
New Legislation ,
Notice Requirements ,
Over-Time ,
Private Schools ,
Retaliation ,
Sexual Assault ,
Stalking ,
Teachers ,
Wage and Hour ,
Working Conditions ,
Written Notice
After a much publicized struggle with alcoholism and public firing by the University of Southern California, former head coach for the football team, Steve Sarkisian, has filed a lawsuit against the...more
Last June, the U.S. Supreme Court determined that same-sex marriages are a fundamental liberty protected by the 14th Amendment of the U.S. Constitution – and that states must issue marriage licenses to same-sex couples....more
9/16/2015
/ Anti-SLAPP ,
At-Will Employment ,
Civil Rights Act ,
FEHA ,
Fourteenth Amendment ,
Freedom of Expression ,
Hiring & Firing ,
Kim Davis ,
Marriage Licenses ,
Popular ,
Religious Accommodation ,
Religious Discrimination ,
Safeway Inc ,
Same-Sex Marriage ,
SCOTUS ,
Title VII ,
Wrongful Termination