2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
2/1/2024
/ Arbitration Agreements ,
Artificial Intelligence ,
California ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
New Legislation ,
New York ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Technology ,
Wage and Hour
U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
San Jose and San Francisco are two of the latest California cities to adopt supplemental paid sick leave measures in response to COVID-19, joining Los Angeles, Emeryville and (it is expected) Oakland. Both ordinances fill...more
This week, federal, state and local governments issued broader and more strict shelter-in-place orders, expanded (in Los Angeles County) the covered employers who must provide paid sick leave, and provided additional guidance...more
On March 18, U.S. President Donald Trump signed the Families First Coronavirus Response Act (H.R. 6201) into law. The law is set to take effect no later than April 2 and will continue to December 31, 2020. The act compels...more
California Legislative Update -
In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more
1/21/2017
/ Antitrust Violations ,
Arbitration Agreements ,
Background Checks ,
Cell Phones ,
Choice-of-Law ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Actions ,
Company Vehicles ,
Computer Software Workers ,
Criminal Records ,
Department of Labor (DOL) ,
Disability Discrimination ,
Domestic Violence ,
Drivers ,
EEO-1 ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Pay Act ,
Fair Pay and Safe Workplaces ,
Governor Brown ,
Human Resources Professionals ,
Injunctions ,
Juveniles ,
Local Ordinance ,
Mental Health ,
Minimum Salary ,
Minimum Wage ,
National Origin Discrimination ,
NLRB ,
No-Poaching ,
Notice Requirements ,
NYDOL ,
Off-Duty Employees ,
On-Duty Meal Period Waivers ,
Over-Time ,
Paid Leave ,
Parental Leave ,
Payroll Records ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Retaliation ,
Ridesharing ,
Sick Leave ,
State Labor Laws ,
State-Run Retirement Plans ,
Strategic Enforcement Plan ,
Venue ,
Wage and Hour ,
Wage Statements ,
Wage-Fixing ,
White-Collar Exemptions
2016 brought several employment law developments that will undoubtedly affect your workplace. The Fenwick & West Employment Practices Group invites you to attend its annual complimentary briefing to learn more about the most...more
12/12/2016
/ Arbitration ,
Class Action Arbitration Waivers ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Events ,
LGBTQ ,
NLRB ,
Paid Leave ,
Separation Agreement ,
Sick Leave ,
Social Media Policy ,
Unfair Competition ,
Wage and Hour
New Amendments Clarify California Paid Sick Leave -
This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more
7/28/2015
/ Accrued Benefits ,
Administrative Interpretation ,
Credit Checks ,
Department of Labor (DOL) ,
DLSE ,
Employee Rights ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Paid Leave ,
Primary Beneficiary Test ,
Sick Leave ,
Unpaid Interns ,
Wage and Hour ,
White-Collar Exemptions
Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation -
Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to...more
6/24/2015
/ Abercrombie & Fitch ,
Ban the Box ,
Department of Labor (DOL) ,
Dress Codes ,
EEOC v Abercrombie ,
Employee Restrooms ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Job Applicants ,
Joint Employers ,
Misclassification ,
OSHA ,
Paid Leave ,
Religious Accommodation ,
Religious Clothing ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Transgender ,
Wage and Hour
EEOC Conciliation Efforts Subject To Limited Judicial Review -
In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC) are...more
5/20/2015
/ Conciliation ,
Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
FEHA ,
Human Resources Professionals ,
Judicial Review ,
LinkedIn ,
Litigation Fees & Costs ,
Mach Mining v EEOC ,
Paid Leave ,
Prevailing Party ,
Sick Leave
Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses -
Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more
Waiting for and Undergoing Security Checks Not Compensable Time -
The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift...more
1/13/2015
/ Cell Phones ,
Employer Liability Issues ,
Employer Mandates ,
Fair Labor Standards Act (FLSA) ,
Integrity Staffing v Busk ,
Labor Code ,
NLRB ,
Paid Leave ,
Reimbursements ,
SCOTUS ,
Security Checks ,
Sick Leave ,
Wage and Hour ,
Whistleblowers
On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers, large or small, to provide employees paid sick leave (with limited...more
California Becomes Second State to Mandate Paid Sick Leave -
On September 10, 2014, Governor Brown signed into law AB 1522 (Healthy Workplaces, Healthy Families Act of 2014), which requires all California employers,...more
A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than four hours. In Rhea v. General Atomics, plaintiff Lori Rhea, on...more
Partial-Day Leave Deductions Lawful for Exempt Employees -
A California court of appeal recently confirmed that employers may require exempt employees to use accrued leave for partial-day absences, even if shorter than...more
8/15/2014
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
NLRA ,
NLRB ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
Retaliation