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State-Wide BAN THE BOX Law No More Criminal Conviction Questions On Employment Applications

On October 14, 2017, Governor Brown signed Assembly Bill 1008 (the “Fair Chance Act”). The new law puts in place some protections for those individuals with criminal backgrounds seeking employment. The new law will be...more

No More Questions About, Or Use Of, Prior Salary Information In Employment

On October 12, 2017, Governor Brown signed Assembly Bill 168. Consistent with some other state laws and local ordinances passed by certain municipalities like San Francisco, the new law prohibits the inquiry and use of prior...more

Attention EEO-1 Employers –You Don’t Have To Report Pay Data To The Eeoc In March 2018 After All

On August 29, 2017, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the EEOC advising that the Office of Management and Budget (OMB) is initiating a review and an immediate stay of the effectiveness...more

San Francisco Adopts The “Parity In Pay” Ordinance – No More Inquiries About Or Disclosures Of Prior Salary

On July 19, 2017 Mayor Lee signed the Parity in Pay Ordinance. Below is a brief summary of the Ordinance which will go into effect on July 1, 2018. The Ordinance provides findings from the 2015 United States Census...more

Revised Form I-9 Issued By The USCIS

On July 17, 2017, the United States Citizenship and Immigration Service (“USCIS”) released a revised version of the Form I-9, Employment Eligibility Verification. Instructions for how to download Form I-9 are available on...more

DON’T FORGET…….California’s Transgender Identity And Expression Regulations Go Into Effect July 1, 2017

The new regulations that expand existing protections under California’s Fair Employment and Housing Act (FEHA) for transgender individuals and others go into effect July 1, 2017. As California employers know, FEHA prohibits...more

EEOC Issues Guidance on National Origin Discrimination

Perhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on...more

California Labor Commissioner’s Opinion on Calculating Paid Sick Leave for Certain Employees

On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy...more

California’s New Law Restricts Choice of Law and Forum Selection Provisions in Employment Agreements

On September 25, 2016, Governor Brown approved a very short but powerful piece of legislation for California employees who work for employers who are based outside of California and wish to have another state’s laws govern...more

Top Reasons to Mediate Employment Disputes

As an employment attorney and mediator, I believe mediation is a good alternative to protracted employment litigation. Below are the top reasons why. 1. Mediation is a Voluntary Process. Unlike litigation in which...more

9/21/2016  /  Dispute Resolution , Mediation

Beware – Reporting Wage & Hour Violations Just Got Easier

The California Labor Commissioner Launches New On-Line Reporting System On August 31st, the Department of Industrial Relations (Labor Commissioner) launched an online system allowing anyone to report a business’...more

The EEOC Is At It Again – New Enforcement Guidance On Retaliation Issued On August 29, 2016

On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the...more

OSHA’s Fact Sheet Providing Guidance to Employers To Protect Workers from Exposure to the Zika Virus

OSHA’s Fact Sheet providing guidance for protecting workers from occupational exposure to the Zika virus explains that the Zika virus is primarily spread through the bites of infected mosquitoes and that mosquitoes can become...more

OSHA Penalties For Health & Safety Violations Are Going Way Up Starting August 1, 2016

In November 2015, Congress enacted legislation requiring federal agencies to adjust their civil penalties to account for inflation. The Department of Labor (DOL) adjusted penalties for its agencies, including the Occupational...more

The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But...

The EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case...more

OFCCP Issues New Rule Regarding Sex Discrimination For Federal Contractors

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced publication of a Final Rule in the Federal Register that sets forth the requirements that covered contractors must meet under the...more

Governor Brown Signs a Law to Help Small Businesses Defend Against State Disability Access Lawsuits

On May 10, 2016 Governor Brown signed Senate Bill 269 (SB 269) which amends certain California statutes dealing with disability access in public accommodations and business establishments. SB 269 is not a new law, but rather,...more

The EEOC Just Keeps On Giving! New “Guidance” Document Re: Employer-Provided Leaves And The ADA

On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans with Disabilities Act (“ADA”)....more

Ninth Circuit Holds that Employers Who Use Facially Neutral “Rounding” Timekeeping Policies Do Not Have to Guarantee that an...

On May 2, 2016, the Ninth Circuit issued its decision in Corbin v. Time Warner Entertainment – Advance/Newhouse Partnership and affirmed the district court’s summary judgment in favor of employer, Time Warner...more

Governor Brown Signs Bill to Expand the Amount of Wage Replacement Available under California’s Paid Family Leave Law

On April 11, 2016, Governor Brown signed Assembly Bill (AB) 908 which amends certain provisions of California’s Unemployment Insurance Code as it relates to the State’s Paid Family Leave (PFL) program. Before explaining the...more

There Can Be Two “Prevailing Parties” in a Single Wage & Hour and Equal Pay Act Lawsuit

On October 14, 2015, the California Second District Court of Appeal held in Sharif v. Mehusa, Inc. that both the employee and the employer can be deemed “prevailing party” for purposes of recovering attorneys’ fees under the...more

Labor Commissioner’s First Opinion Letter On California’s New Paid Sick Leave Law

On August 7, 2015, the California Labor Commissioner issued its first opinion letter on one discrete issue under the California Health Workplaces Healthy Families Act which requires employers to provide paid sick leave to...more

The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle...more

The Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the...

The California Legislature has been pretty busy this year introducing various bills that will affect certain California employers. Below is a brief summary of two bills recently signed by the Governor – one that amends the...more

Governor Signs Assembly Bill No. 987 – Requesting a Reasonable Accommodation is Protected Activity under FEHA

This bill was in direct response to the decision in Rope v. Auto-Clor System of Washington, Inc. (2013) 220 Cal.App.4th 635 (2013), which found that an employee who merely makes a request for an accommodation does not engage...more

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