There is widespread agreement that vaccinations provide our greatest chance of defeating COVID-19. Numerous myths about the vaccine, however, could raise unfounded fears and hamper rollout efforts. Employers face additional...more
California Employers Have Special Obligations on Election Day -
Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to...more
11/4/2016
/ Debit Cards ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Restrooms ,
Employee Rights ,
Labor Code ,
Non-Exempt Employees ,
Presidential Elections ,
Putative Class Actions ,
Title VII ,
Transgender ,
Vacation Pay ,
Voting Leave ,
Voting Rights ,
Wage and Hour ,
Wage-Fixing
Why it matters: Human resources professionals beware. Conversations with others in your industry regarding employee pay, benefits and no-hire agreements could land you in jail.
So, you're at a gathering of human...more
Defend Trade Secrets Act Becomes Law -
Why it matters -
Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May...more
5/19/2016
/ Administrative Law Judge (ALJ) ,
Defend Trade Secrets Act (DTSA) ,
Department of Labor (DOL) ,
Employee Handbooks ,
Employee Restrooms ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Misappropriation ,
NLRB ,
Posting Requirements ,
Private Right of Action ,
Rounding ,
Section 7 ,
T-Mobile ,
Trade Secrets ,
Transgender ,
Whistleblower Protection Policies
Supreme Court Gives Stamp of Approval to Representative Statistical Evidence -
Why it matters -
In a closely watched case, the U.S. Supreme Court has ruled that the use of representative statistical evidence for...more
4/13/2016
/ Discrimination ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Evidence ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Lilly Ledbetter ,
Minimum Wage ,
National Origin Discrimination ,
Paid Family Leave Law ,
Personal Liability ,
SCOTUS ,
Statistical Sampling ,
Title VII ,
Tyson Foods v Bouaphakeo ,
Wage and Hour
Why it matters -
The April 1 deadline is looming for California employers, who are facing amendments to the state's Fair Employment and Housing Act (FEHA), including the creation of an affirmative duty to "prevent and...more
California Appellate Panel Sets Standard for Disability Discrimination Jury Instructions -
Why it matters -
How should a California trial court properly instruct a jury regarding an employer's intent to discriminate...more
In Equal Pay Push, EEOC to Collect Pay Data From Employers -
Why it matters -
On the anniversary of the Lilly Ledbetter Fair Pay Act, President Barack Obama announced that the Equal Employment Opportunity Commission...more
2/10/2016
/ Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Joint Employers ,
Lyft ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
New Guidance ,
Pay Discrimination ,
Piece-Rate Pay ,
Private Attorneys General Act (PAGA) ,
Retaliation ,
Settlement ,
Sick Leave
EU Permits Employers to Monitor Private Employee Communications -
Why it matters -
In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more
1/28/2016
/ Americans with Disabilities Act (ADA) ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
National Origin Discrimination ,
Paid Leave ,
Preliminary Injunctions ,
Securities and Exchange Commission (SEC) ,
Surveillance ,
Termination ,
Third-Party ,
Wellness Programs ,
Whistleblower Awards ,
Whistleblowers
Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes -
Why it matters -
The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more
1/18/2016
/ Actual Injuries ,
ADEA ,
Age Discrimination ,
Caregivers ,
Disparate Impact ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Hostile Environment ,
Human Rights ,
Independent Contractors ,
Job Applicants ,
Labor Law Violations ,
Misclassification ,
Private Attorneys General Act (PAGA) ,
Race Discrimination ,
Successor Liability ,
Title VII ,
Transgender ,
Uber ,
Wage and Hour
NLRB Goes One Step Further, Holds Optional Waiver of Class Action Arbitrations Illegal -
Why it matters -
Reiterating its stance against arbitration agreements that prohibit class or collective actions, a panel of...more
12/14/2015
/ Class Action Arbitration Waivers ,
Disability Discrimination ,
Dodd-Frank ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
IBM ,
NLRB ,
Reasonable Accommodation ,
Rest and Meal Break ,
Securities and Exchange Commission (SEC) ,
Wage and Hour ,
Whistleblowers
California Supreme Court to Consider "Day of Rest" Law:
Why it matters -
The California Supreme Court has agreed to weigh in on the number of consecutive days an employee may legally work without running afoul of...more
11/30/2015
/ Apple ,
Breastfeeding ,
CA Supreme Court ,
Fair Labor Standards Act (FLSA) ,
FEHA ,
Governor Cuomo ,
Marriott ,
Minimum Wage ,
Nordstrom Inc. ,
Pregnancy Discrimination ,
Retaliation ,
Title VII ,
Wage and Hour ,
Whistleblower Protection Policies ,
Wrongful Termination
Following California, New York Toughens Equal Pay Law -
Why it matters:
Following in the recent footsteps of California, New York Governor Andrew Cuomo signed into law the Achieve Pay Equality Act, providing greater...more
11/13/2015
/ Age Discrimination ,
Class Action Arbitration Waivers ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
GINA ,
Governor Cuomo ,
Mach Mining v EEOC ,
Motion to Compel ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
SCOTUS ,
Social Media ,
Termination ,
Wellness Programs
New California Employment Laws on Fair Pay, Waiver of Meal Periods -
Why it matters:
California continues its focus on employment-related legislation. Touted as the toughest law of its kind in the nation, Senate...more
10/28/2015
/ Absenteeism ,
Americans with Disabilities Act (ADA) ,
Anti-Pay Secrecy ,
Attorney General ,
Attorney's Fees ,
Background Checks ,
Consent ,
Criminal Background Checks ,
Data Privacy ,
Data Security ,
Disclosure ,
Employment Application ,
Employment Discrimination ,
Equal Pay Act ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Fair Credit Reporting Act (FCRA) ,
Fair Pay Act ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
International Data Transfers ,
Investigative Consumer Reporting Agencies Act (ICRAA) ,
Job Applicants ,
Kohls ,
Labor Code ,
Mandatory Arbitration ,
Military Leave ,
Military Service Members ,
New Legislation ,
Non-Exempt Employees ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Personal Data ,
Prevailing Party ,
PTSD ,
Putative Class Actions ,
Recordkeeping Requirements ,
Retailers ,
Reversal ,
Substantially Similar ,
Termination ,
Unpaid Overtime ,
Unpaid Wages ,
US-EU Safe Harbor Framework ,
USERRA ,
Volvo ,
Wage and Hour ,
Wage Theft
Take the Cure: New California Law Permits Corrections of Wage Statement Violations -
Why it matters:
Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more
10/19/2015
/ Adverse Employment Action ,
Anti-Harassment Policies ,
Bias ,
Confidential Information ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Email ,
Employee Handbooks ,
Employee Retention ,
Employee Training ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Faragher/Ellerth defense ,
Gender Discrimination ,
Governor Brown ,
Hiring & Firing ,
Hostile Environment ,
Independent Contractors ,
Intentional Infliction of Emotional Distress ,
Internships ,
Job Applicants ,
Labor Code ,
Negligent Hiring ,
New Legislation ,
NLRA ,
NLRB ,
Primary Beneficiary Test ,
Private Attorneys General Act (PAGA) ,
Protected Class ,
Protected Concerted Activity ,
Right To Cure ,
Sex Discrimination ,
Sexual Harassment ,
Summary Judgment ,
Supervisors ,
Title VII ,
Unpaid Interns ,
Verizon ,
Wage and Hour ,
Wage Statements
FTC Offers Employers Lesson in FCRA Compliance—And Limited Exceptions -
Why it matters:
A California employer recently received a lesson in Fair Credit Reporting Act (FCRA) compliance from the Federal Trade...more
10/5/2015
/ Anti-Retaliation Provisions ,
Background Checks ,
Ban the Box ,
Barnes and Noble ,
Conditional Job Offers ,
Confidentiality Agreements ,
Consent ,
Criminal Background Checks ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Gender Discrimination ,
Gender Equity ,
Hiring & Firing ,
Individual Accountability ,
Internal Reporting ,
Job Applicants ,
Judicial Review ,
Mach Mining v EEOC ,
Notice Requirements ,
Pending Legislation ,
Remand ,
Sarbanes-Oxley ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sex Discrimination ,
Split of Authority ,
Title VII ,
Whistleblower Protection Policies ,
White Collar Crimes ,
Yates Memorandum
From the California Legislature: New Employment Laws, Bills Set for Signature:
Why it matters -
The California Legislature has been busy with employment-related bills, passing measures to provide additional...more
9/16/2015
/ Adverse Employment Action ,
Amended Legislation ,
Americans with Disabilities Act (ADA) ,
Class Certification ,
Disability Discrimination ,
Discrimination ,
Dodd-Frank ,
Employee Releases ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Family and Medical Leave Act (FMLA) ,
FEHA ,
FRCP 23 ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Independent Contractors ,
Labor Code ,
Mandatory Arbitration Clauses ,
Misclassification ,
New Legislation ,
Pay Secrecy ,
Pending Legislation ,
Reasonable Accommodation ,
Retaliation ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Sexual Harassment ,
Title VII ,
Uber ,
Whistleblower Protection Policies ,
Whistleblowers ,
Work Suspensions
The Customer Isn't Always Right—Especially When He Harasses Employees:
Why it matters -
Providing an important reminder about the potential for liability from customers, a new lawsuit was filed against a supermarket...more
8/21/2015
/ Administrative Appeals ,
Age Discrimination ,
Arbitration Agreements ,
Department of Homeland Security (DHS) ,
Employee Transfers ,
Employment Discrimination ,
Form I-129 ,
H-1B ,
NLRA ,
NLRB ,
Section 7 ,
Sexual Harassment ,
USCIS
California Sick Leave Law Gets Updates -
Why it matters:
California's Healthy Workplaces, Healthy Families Act just took effect on July 1 but Governor Jerry Brown has already signed into law tweaks to the statute....more
8/10/2015
/ Accrued Benefits ,
Administrative Interpretation ,
Amicus Briefs ,
Appearance Policy ,
Back Pay ,
CA Supreme Court ,
Cheerleaders ,
Classification ,
Department of Labor (DOL) ,
DLSE ,
Economic Realities Test ,
EEOC v Abercrombie ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Governor Brown ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Independent Contractors ,
Labor Commissioners ,
Misclassification ,
New Guidance ,
New Legislation ,
NFL ,
Non-Exempt Employees ,
Putative Class Actions ,
Recordkeeping Requirements ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Sick Leave ,
Sick Pay ,
Suitable Seats Lawsuits ,
Title VII ,
UPS ,
Wage and Hour
DOL Proposes Major Overhaul of Overtime Rules:
Why it matters -
Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar...more
7/23/2015
/ Americans with Disabilities Act (ADA) ,
Class Certification ,
Classification ,
Comment Period ,
Conciliation ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Fox Searchlight Pictures ,
Gender Discrimination ,
Hiring & Firing ,
Internships ,
IRS ,
Mach Mining v EEOC ,
Misclassification ,
Non-Exempt Employees ,
NPRM ,
Over-Time ,
Primary Beneficiary Test ,
Proposed Regulation ,
Reasonable Accommodation ,
Section 6722 ,
Sex Discrimination ,
Tax Penalties ,
Trade Preferences Extension Act (TPEA) ,
Unpaid Interns ,
W-2 ,
Wage and Hour ,
White-Collar Exemptions
The Impact of National Same-Sex Marriage for Employers -
Why it matters:
How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more
7/13/2015
/ Appeals ,
Class Certification ,
Classification ,
Coerced Patronage ,
Department of Labor (DOL) ,
DOMA ,
Due Process ,
Employee Benefits ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Federal Rules of Civil Procedure ,
FedEx ,
Fourteenth Amendment ,
FRCP 23(b)(3) ,
Indemnification ,
Independent Contractors ,
IRS ,
Misclassification ,
NLRA ,
Obergefell v. Hodges ,
Policies and Procedures ,
Putative Class Actions ,
Reimbursements ,
Rest and Meal Break ,
Same-Sex Marriage ,
SCOTUS ,
Selfies ,
Sexual Orientation Discrimination ,
Spouses ,
Title VII ,
Uber ,
Unpaid Wages ,
US v Windsor ,
Wage and Hour ,
Wages ,
Wrongful Termination
Joint Employers Can Be Liable for Employee Misclassification in California:
Why it matters -
Liability under the California Labor Code extends to joint employers that are aware of a willful misclassification of an...more
6/29/2015
/ Civil Monetary Penalty ,
Class Action ,
Department of Labor (DOL) ,
Discrimination ,
Earned Sick Time ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Hostile Environment ,
Independent Contractors ,
Joint and Several Liability ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
OSHA ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Transgender ,
Tyson Foods ,
Wage and Hour
Actual Knowledge by Employer Not Necessary for Title VII Religious Discrimination Claim, U.S. Supreme Court Rules -
Why it matters:
In a closely watched case, the U.S. Supreme Court sided with a teenage applicant to...more
6/15/2015
/ Abercrombie & Fitch ,
Class Action ,
Disability ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health Care Providers ,
Hiring & Firing ,
Litigation Strategies ,
Mootness ,
On-Call Employees ,
On-Duty Meal Period Waivers ,
Religious Accommodation ,
Religious Discrimination ,
Rest and Meal Break ,
SCOTUS ,
Security Guards ,
Settlement ,
TCPA ,
Text Messages ,
Texting ,
Title VII ,
Wage and Hour
CFPB Fines Bank $7.5M for Overdraft Violations, With $49M More in Redress -
Why it matters:
In its first action targeting overdraft fees, the Consumer Financial Protection Bureau (CFPB) fined Regions Bank $7.5...more
Coming Soon to an In-Box Near You: An EEOC Charge -
Why it matters:
Employers, take note: the Equal Employment Opportunity Commission (EEOC) has initiated the rollout of its electronic complaint program, the first...more
5/28/2015
/ ACT Digital ,
Employee Tracking ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fast-Food Industry ,
FEHA ,
Minimum Wage ,
Non-Compete Agreements ,
OSHA ,
Smartphones ,
Wage and Hour ,
Workplace Hazards ,
Workplace Safety