Seyfarth Synopsis: The Sacramento Board of Supervisors has joined many other California locales, including Los Angeles City and County, San Francisco, Oakland, and San Jose, in requiring employers to provide covid-related...more
Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more
9/28/2020
/ At-Will Employment ,
Employer Liability Issues ,
Employment Policies ,
First Amendment ,
Hiring & Firing ,
NLRA ,
NLRB ,
Off-Duty Employees ,
Political Expression ,
Political Speech ,
Protests ,
Social Media ,
State Labor Laws ,
Viewpoint Discrimination
Seyfarth Synopsis: As California’s legislative session comes to an end, a wave of new COVID-19 related laws that impact employers are being signed into law. On September 17, 2020, Governor Newsom signed AB 685, which will...more
9/23/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Governor Newsom ,
Infectious Diseases ,
New Legislation ,
Notification Requirements ,
Occupational Exposure ,
Paid Sick Leave ,
Reporting Requirements ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: As California’s legislative session comes to an end, a wave of new COVID-19 related laws that impact employers are being signed into law. On September 17, 2020, Governor Newsom signed AB 685, which will...more
Seyfarth Synopsis: On September 9, 2020, Governor Newsom signed Assembly Bill 1867, which requires private employers with 500 or more employees nationwide to provide COVID-19-related supplemental paid sick leave to their...more
9/18/2020
/ Coronavirus/COVID-19 ,
Employee Rights ,
Food Service Workers ,
Governor Newsom ,
Infectious Diseases ,
New Legislation ,
Paid Sick Leave ,
Restaurant Industry ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
Seyfarth Synopsis: As several counties struggled to get, and remain, off of the California County Data Monitoring List, Governor Newsom unveiled a new framework with revised criteria for loosening and tightening COVID-19...more
Seyfarth Synopsis: As employers expected, the pandemic has brought new challenges to managing a workforce, and of course, new litigation. Here we address hotspots of COVID-19 litigation in California to help employers know...more
8/28/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
High Risk Covid Employees ,
Infectious Diseases ,
Reasonable Accommodation ,
Wage and Hour ,
Workplace Safety
The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis. ...more
Seyfarth Synopsis: Employers offering bonuses to workers during the COVID-19 crisis must beware the famous saying that “wisdom comes to us when it can no longer do any good.” Some bonuses trigger special rules that employers...more
Seyfarth Synopsis. Progressive elected officials in Los Angeles and Sacramento have proposed laws that may soon require certain retail and other employers to provide employees with predictive scheduling or pay a price. To our...more
Seyfarth Synopsis: In 2018 the California Supreme Court issued its radical Dynamex decision, discussed in our One Minute Memo here. Now the Ninth Circuit has piled on, holding in Vazquez v. Jan-Pro Franchising, International,...more
5/10/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Franchisors ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Risk Assessment ,
State and Local Government ,
Wage and Hour
Employers, take note—the long-awaited, new FEHA regulations related to national origin are about to take effect! ...more
Seyfarth Synopsis: Earlier this month, a California federal court dismissed the misclassification claims of 7-Eleven franchisees on the pleadings, finding they did not and could not plead facts sufficient to show that they...more
Seyfarth Synopsis: In the first case of its kind under the California Fair Pay Act, a court dismissed a pay equity class claim against Google, holding that alleging wage discrimination for “all women” does not plead enough...more
12/12/2017
/ Class Action ,
Dismissals ,
Employer Liability Issues ,
Equal Pay ,
Fair Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Google ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Sex Discrimination ,
Technology Sector ,
Wage and Hour
Seyfarth Synopsis: Since the days of Buddy the Elf’s short stint as a retail employee, New York City and many other municipalities have adopted predictive scheduling laws. Though California does not yet have a such a law, San...more
11/22/2017
/ City of San Jose ,
Compensation ,
Employer Liability Issues ,
Fair Workweek ,
Holidays ,
Local Ordinance ,
Notice Requirements ,
Restaurant Industry ,
Retail Workers ,
San Francisco ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Seyfarth Synopsis: There are many different ways to pay employees in California. What is the scoop behind paying commissions? What are commission agreements and how have courts deciphered their coded mysteries?...more
Seyfarth Synopsis: With the widespread use of direct deposit, the thought of an employee regularly reviewing wage statements may seem inconceivable. Still, employers must ensure that their wage statements strictly comply with...more
Seyfarth Synopsis: Employers are usually mindful of the many laws governing employee medical leaves and how they interact. But what about accommodation for non-medically necessary leaves? This post discusses the basics of...more
1/19/2017
/ Americans with Disabilities Act (ADA) ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
Interactive Process ,
Medical Leave ,
Paid Family Leave Law ,
Reasonable Accommodation ,
State Labor Laws ,
Title VII ,
Undue Hardship
Seyfarth Synopsis: In Lubin v. Wackenhut Corp., the California Court of Appeal reinstated an effort to certify a class of over 10,000 security officers required to sign on-duty meal period agreements. The Court of Appeal...more
Seyfarth Synopsis: Have you pondered the implications of hiring help around the house? Here are some legal requirements regarding employment of domestic helpers.
Household workers or “domestic helpers” are people who...more
Seyfarth Synopsis: In leaves of absence, as in employment law generally, California can be peculiar. We examine at a few examples, including particular city ordinances in Emeryville and San Francisco, and other statewide...more
World Wrestling Entertainment (WWE)© is recognized all around the world for body slams, suplexes, and super kicks. WWE recently introduced a new type of tag team partnership: a national partnership with the Boys and Girls...more
In the Central District of California—often known as a magical kingdom for plaintiffs in wage-hour lawsuits—Judge Fernando Olguin brought everyone back to reality by denying class certification. Plaintiff Aladdin Zackaria...more