Publications

CONSIDERING JOB APPLICANTS’ CRIMINAL HISTORIES

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | July 18, 2017

It may seem as though employers may choose to hire employees who lack criminal histories, particularly in jobs requiring honesty or good judgment. But the government has become increasingly hostile to that notion.  A growing number of federal, state, and local laws...

EMPLOYMENT LAW AND ARBITRATION AGREEMENTS

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | July 6, 2017

Businesses seek certainty so they may manage their workforces and liability risks. These goals continue to be elusive when it comes to arbitration of employment disputes. Employers frequently must revise arbitration programs to comply with new laws and court...

FIRING EMPLOYEES FOR SOCIAL MEDIA POSTS

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | June 21, 2017

Social media has blurred the line between work and home lives.  People tell the world what they used to keep to themselves or share only with friends or family. Employees use Facebook, Twitter, Reddit, and more to air opinions about managers, working conditions, and...

WORKPLACE HARASSMENT GUIDE FOR EMPLOYERS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | June 6, 2017

California lawmakers and regulators in recent years have provided specific direction to employers about how to prevent and correct workplace harassment. For example, in 2016, the California Fair Employment and Housing Council (“FEHC”) issued regulations addressing...

EMPLOYEES’ “DAY OF REST” DEFINED

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | May 23, 2017

For how many consecutive days may an employer require an employee to work?  Given the maze that is California employment law, one might think the answer to that question was settled long ago.  But no. The California Supreme Court only recently deciphered the meaning...

ELECTRONIC SIGNATURES AND PERSONNEL RECORDS

By Jennifer Brown Shaw and Michelle Goldberg | The Daily Recorder | May 10, 2017

Employers increasingly are relying on electronically signed personnel records and other documents relevant to employer-employee relationships. Both state and federal laws treat “electronic signatures” as valid as so-called wet signatures, but only when the electronic...

COMMISSIONS DON’T PAY REST BREAKS

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | May 2, 2017

California’s Labor Code and wage orders require employers to “authorize and permit” employees to take periodic, paid rest periods. These requirements equally apply to all employees, unless employees are designated “exempt” under the executive, administrative,...

INVESTIGATING PUBLIC EMPLOYEES’ PERSONAL ACCOUNTS

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | April 11, 2017

The California Supreme Court recently issued a landmark decision, holding that a public employee’s written electronic communications via a personal account may be subject to a Public Records Act request. One of the interesting questions the decision raises relates to investigations of workplace misconduct: Can an investigator use a Public Records Act request to obtain communications made by public-sector witnesses on their personal devices? Subject to some significant limitations, it appears that the answer is “yes.”

WAGE VIOLATIONS AND PERSONAL LIABILITY

By Jennifer Brown Shaw and Michelle Goldberg | The Daily Recorder | March 28, 2017

When an employer does not pay an employee for work, the employer is liable for the unpaid wages. But a company’s owners, directors, officers, and managing agents may be personally liable for wage and hour violations as well. Lower-level managers and supervisors may also incur personal liability in some circumstances.

STATE AND LOCAL SICK LEAVE COMPLIANCE

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | March 13, 2017

Since 2015, almost all California employers have been obligated by state law to provide paid sick leave to their employees. However, many local governments within the state also require employers to provide sick leave—and the requirements are not always the same as...

“BAN THE BOX” TREND GROWING

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | February 28, 2017

In 2012, the Equal Employment Opportunity Commission (EEOC) issued guidance addressing the use of arrest and conviction records in employment decisions. At the time, only seven states had some restriction regulating how employers could use criminal history in employment decisions.

NEW RULES FOR REST BREAKS

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | February 6, 2017

The simple matter of providing workers with periodic rest breaks can be more tricky than it appears. California courts addressed two significant employee rest break issues in 2016:  (1) timing and (2) what is sufficient “rest” to be a legally compliant break....

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