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
Each new year brings a further increase to California’s minimum wage – and 2021 is no exception. For the New Year, the new state minimum wage for employers of 26 or more employees is now $14.00 per hour, and the state minimum...more
As we approach a new year, California employers should take a fresh look at their employee handbook to ensure that it is up to date. Unless it was revised recently, it’s probably outdated. What are the main revisions that...more
California's Unemployment Insurance (UI) program pays benefits to individuals who have become unemployed or partially unemployed and who meet the program's eligibility requirements. The eligibility requirements include that...more
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
California is under a shelter-in-place order that threatens to impact businesses throughout the state. Meanwhile, the “Families First Coronavirus Response Act” will take effect on April 2, 2020, ushering in an emergency...more
3/23/2020
/ Automotive Industry ,
Business Closures ,
Car Dealerships ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Executive Orders ,
Family and Medical Leave Act (FMLA) ,
Governor Newsom ,
Layoffs ,
Operators of Essential Services ,
Paid Leave ,
Sick Leave ,
Wage and Hour
California Governor Gavin Newsom recently issued Executive Order N-33-20, requiring all Californians – except for those falling within an exception discussed below – to stay at home indefinitely. The Order carves out...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
It has become somewhat of an annual tradition in California: with every new year comes a further increase in the state’s minimum wage. And this year is no different. In 2020, the new state minimum wage for employers of 26 or...more
A coalition of business groups led by the U.S. Chamber of Commerce just filed a lawsuit against California Attorney General Xavier Becerra and other state officials seeking to block AB 51, a recently passed statute which will...more
A California appellate court just held that mandatory service charges added by banquet facilities to their contracts may need to be paid to banquet service employees essentially as a form of a gratuity. The October 31, 2019...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
• Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Mandatory Arbitration ,
Preemption ,
Private Right of Action ,
State Labor Laws
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
On January 1, 2019, the state minimum wage in California increased again. It is now $12.00 per hour for employers of 26 or more employees and $11.00 per hour for employers of 25 or fewer employees. Local minimum wages are...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
A California appellate court has ruled that California’s WARN Act, which requires 60 days advance notice of “mass layoffs,” applies to temporary layoffs and furloughs. The case (Boilermakers Local 1998 v. Nassco Holdings,...more
The situation is a familiar one. Disgruntled current or former employees leave negative and harmful comments about their employer on online workplace review websites such as glassdoor.com or vault.com, or on customer review...more
8/17/2017
/ Appeals ,
Communications Decency Act ,
Corporate Counsel ,
Defamation ,
False Statements ,
First Amendment ,
Former Employee ,
John Doe Investigation ,
Motion to Compel ,
Online Reviews ,
Reputational Injury ,
Subpoenas ,
Websites
In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more
7/18/2017
/ Appeals ,
CA Supreme Court ,
Class Action ,
Contacts List ,
Discovery ,
Discovery Disputes ,
Employee Privacy Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Labor Law Violations ,
Litigation Fees & Costs ,
Motion to Compel ,
Privacy Concerns ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Unduly Burdensome ,
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
Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines...more
Last month a California appellate court held that an employer violates California law by paying inside sales employees on a draw against commission. In Vaquero v. Stoneledge Furniture LLC, the court held that such a pay...more
Perhaps it’s not surprising that a circuit that for years has held that staring can constitute sexual harassment would find that excessive hugging may be illegal, too. The Ninth Circuit (which covers California and other...more
Late last year, the Equal Employment Opportunity Commission (EEOC) issued a “resource document” aimed at employees entitled “Depression, PTSD and Other Mental Health Conditions in the Workplace: Your Legal Rights.” While the...more
Time was, answering the question “What is the minimum wage?” was simple. There was the federal minimum wage and the state minimum wage, and for most California employers, only the latter number really mattered. Now the...more