The Wall Street Journal recently ran a column entitled “The Most Hated Way of Firing Someone Is More Popular Than Ever. It’s the Age of the PIP,” arguing that using a performance improvement plan (PIP) is the worst way to...more
It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
There has been much confusion lately about the meaning of the terms “layoff” and “furlough.” Neither term has any specific meaning in California employment law. In common usage, a “layoff” is typically considered more...more
Among other challenges in the last week, California employers have grappled with important issues relating to reducing their workforces: Are we subject to the state and federal laws requiring advance notice of layoffs? If so,...more
First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the...more
10/15/2019
/ Amended Legislation ,
Arbitration ,
Arbitration Fees ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Delays ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Filing Deadlines ,
Governor Newsom ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Misclassification ,
New Legislation ,
Privacy Laws ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
The California Supreme Court recently handed down an intriguing decision which casts doubt on – and in some cases even condemns – some of the most common practices used by employers in both drafting and presenting arbitration...more
The Tax Cuts and Jobs Act (H.R. 1), passed by Congress on December 20 and expected to be signed into law by President Trump in the coming days, contains several provisions that will directly impact employers and workplace...more
12/22/2017
/ Affordable Care Act ,
Attorney's Fees ,
Business Ownership ,
Confidentiality Agreements ,
Employee Benefits ,
Employer Liability Issues ,
Fringe Benefits ,
Hiring & Firing ,
Human Resources Professionals ,
Individual Mandate ,
Non-Disclosure Agreement ,
Paid Leave ,
Repeal ,
Sexual Harassment ,
Tax Credits ,
Tax Deductions ,
Tax Incentives ,
Tax Reform ,
Trump Administration ,
Wage and Hour
It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more
5/5/2017
/ Computer Programmers ,
Corporate Counsel ,
Drivers ,
Equal Employment Opportunity Commission (EEOC) ,
Facebook ,
Gig Economy ,
H-1B ,
Hiring & Firing ,
Immigration Reform ,
Independent Contractors ,
LGBTQ ,
Misclassification ,
NLRB ,
Obscenity ,
On-Demand Services ,
OSHA ,
Protected Concerted Activity ,
Salary/Wage History ,
SCOTUS ,
Secretary of Labor ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Labor Laws ,
Subpoenas ,
Title VII ,
Tribal Employees ,
Trump Administration ,
Unions ,
USCIS ,
Young Lawyers
As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased.
...more
11/2/2015
/ Chief Compliance Officers ,
Covered Entities ,
Employment Contract ,
Federal Contractors ,
Foreign Nationals ,
Hiring & Firing ,
Human Trafficking ,
Manufacturers ,
New Regulations ,
Recruitment Policies ,
Retailers
It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more
9/1/2015
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Best Practices ,
Disability Discrimination ,
Dismissals ,
Employer Liability Issues ,
Essential Functions ,
Hiring & Firing ,
Medical Leave ,
Termination ,
Work-Induced Stress ,
Workplace Hazards