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
Join Fenwick’s Employment Practices Group for a 90-minute discussion of the legal developments and emerging trends that shaped 2022 then hear about the compliance recommendations, practical takeaways, and perspective on what...more
12/23/2022
/ Continuing Legal Education ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Policies ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour ,
Webinars ,
Workplace Safety
In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering...more
7/15/2022
/ Abortion ,
Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
Federal v State Law Application ,
Pregnancy ,
Roe v Wade ,
State Labor Laws ,
Travel Reimbursements
California Governor Gavin Newsom on Aug. 30 signed into law a bill that extends the deadline for small businesses (five or more employees) to conduct harassment prevention training for both supervisory and non-supervisory...more
New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more
8/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Attorney's Fees ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Pay ,
Faragher/Ellerth defense ,
Governor Cuomo ,
Hairstyle Discrimination ,
Hiring & Firing ,
Job Applicants ,
Mandatory Arbitration Clauses ,
New Legislation ,
Non-Disclosure Agreement ,
Notice Requirements ,
Protected Class ,
Punitive Damages ,
Salary/Wage History ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
In addition to AB 465, California employers should watch for Governor Jerry Brown’s actions as to the following employment-related bills:
SB 358: The California Fair Pay Act is directed at closing the pay differential...more
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
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
No Liability for Off-the-Clock Work Absent Employer Knowledge -
A California appeals court refused to hold Kaiser Foundation Health Plan liable for alleged off-the-clock overtime about which it lacked knowledge. In...more
6/18/2014
/ Appeals ,
Arbitration ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Employment Policies ,
Exempt-Employees ,
Kaiser Permanente ,
Minimum Wage ,
Non-Exempt Employees ,
Over-Time ,
Pregnancy ,
Reasonable Accommodation ,
Wage and Hour
In Hills and Dales General Hospital, the NLRB recently determined that an employer’s standards of behavior policy that prohibited “negative comments” and “negativity or gossip,” and directed employees to represent the...more
Is an employer allowed to enforce a uniformly-applied workplace conduct policy against an employee whose misconduct was caused by her disability? A federal district court in California said “maybe, maybe not,” and determined...more
Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments -
Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more
4/22/2014
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
FICA Taxes ,
Harassment ,
Hills and Dales ,
Hiring & Firing ,
NLRB ,
Posting Requirements ,
Reasonable Accommodation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Severance Pay ,
Statute of Limitations ,
Title VII ,
Wages ,
Whistleblowers
In This Issue:
*FEATURE ARTICLES
- Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies
- Manager's Bias, Public Policy, And Defamation...more
2/21/2013
/ Arbitration Agreements ,
Canning v NLRB ,
Claims Limitations Period ,
Defamation ,
Discrimination ,
Employment Policies ,
Facebook ,
Family and Medical Leave Act (FMLA) ,
Fraud Exception ,
Hiring & Firing ,
Kmart ,
Mixed Motive Cases ,
NLRB ,
Parol Evidence ,
Public Policy ,
Recess Appointments ,
Suitable Seats Lawsuits ,
Termination ,
Unconscionable Contracts