The new California employment-related laws that came out of the 2023 legislative session address a number of issues that will affect many employers. Leave (paid family leave, sick leave, and reproductive loss leave),...more
On June 15, 2020, the Supreme Court of the United States ruled, in a 6-to-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employers from firing workers for being homosexual or transgender. Justice Neil...more
6/16/2020
/ 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
With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more
1/3/2020
/ ADEA ,
Baby Boomers ,
Canada ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Federal Labor Laws ,
FEHA ,
Fluctuating Workweek ,
Food Service Workers ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Joint Employers ,
Labor Regulations ,
Leave of Absence ,
Legislative Agendas ,
Mobile Apps ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Pending Legislation ,
Piece-Rate Pay ,
Public Health ,
Reasonable Accommodation ,
Restaurant Industry ,
Restrictive Covenants ,
Right of First Refusal ,
State and Local Government ,
State Labor Laws ,
Tax Liability ,
Tax Planning ,
Tip Credit ,
Tipped Employees ,
Tips ,
USCIS ,
Vaccinations ,
Wage and Hour ,
Wellness Programs ,
Work Schedules ,
Workplace Violence
On September 11, 2019, the California Assembly passed a bill codifying last year’s Supreme Court of California decision establishing a new test to determine whether a worker is an independent contractor or an employee. The...more
9/13/2019
/ ABC Test ,
Employee Benefits ,
Employee Definition ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
The California Division of Labor Standards Enforcement (DLSE) has published a new form that must be added to the growing list of documents that employers are required to provide to employees at the time of hire.
The new...more
THE TIME IS RIGHT FOR . . . OSHA’S YEARLY SUMMER HEAT CAMPAIGN -
On June 26, 2017, the Occupational Safety and Health Administration (OSHA) announced the return of its heat illness prevention campaign: Water. Rest. Shade....more
8/4/2017
/ Administrative Interpretation ,
Ban the Box ,
Criminal Background Checks ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
H-1B ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Salary ,
Misappropriation ,
New Legislation ,
Opinion Letter ,
OSHA ,
Over-Time ,
Paid Time Off (PTO) ,
Persuader Rules ,
Sick Leave ,
Trade Secrets ,
Wage and Hour ,
Wage Theft ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
In a published opinion, the Tenth Circuit Court of Appeals recently ruled that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) do not require employers to excuse an employee’s misconduct...more
There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration. While we wait to see if and how the Trump administration will address...more
On October 20, 2016, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission issued a guidance aimed at alerting human resources professionals on potential violations of the antitrust laws. According...more
On May 16, 2016, the Supreme Court of the United States decided a case, Spokeo, Inc. v. Robins, (No. 13–1339), involving standing to maintain an action in federal court. In the Spokeo case, an individual claimed that a search...more
On June 1, 2015, the Supreme Court of the United States decided whether an employer’s obligations under Title VII of the Civil Rights Act of 1964 are triggered only when an applicant has informed the employer of his or her...more
The Supreme Court of the United States is poised to decide a case that should clarify employers’ obligations to provide applicants with accommodations for their religious practices. Simply put, the question is whether...more
Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a...more
2/2/2015
/ DFEH ,
Disability ,
Employer Liability Issues ,
Equitable Tolling ,
FEHA ,
Hiring & Firing ,
Interactive Process ,
LAUSD ,
Medical Leave ,
Public Schools ,
Statute of Limitations ,
Teachers ,
Wrongful Termination
Cochran v. FremantleMedia North America, Inc., No. B247541 (December 11, 2014): In a recent unpublished ruling, the California Court of Appeal affirmed a trial court’s order granting a new trial in a case brought by a game...more
On October 27, 2014, a new reporting form for veterans, the VETS 4212 reporting form, replaced the VETS-100A and VETS-100 Forms. In response to inquiries about contractors’ new requirements as a result of this chance, on...more
Curley v. City of North Las Vegas, No. 12-16228 (December 2, 2014): The Ninth Circuit Court of Appeals recently affirmed a judgment against a worker who claimed that he was fired because of his hearing impairment in violation...more
Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the...more