Publications

EMPLOYERS: PREPARE NOW FOR 2020

A raft of new employment laws take effect on January 1, 2020. To help employers prioritize the many required changes to policies, forms, and procedures, we provide a non-exhaustive list of matters requiring employers’ attention by year’s end.  This discussion may not...

2019 CALIFORNIA SUPREME COURT ROUNDUP (PART 2)

This article is Part 2 of a two-part series providing an overview of recent California Supreme Court decisions in employment law. We continue below with brief summaries of the California Supreme Court’s key employment law opinions during the past year.  We also...

2019 CALIFORNIA SUPREME COURT ROUNDUP (PART 1)

This article is Part 1 of a two-part series providing an overview of recent California Supreme Court decisions in employment law. The California Supreme Court issued several decisions during the past year that may affect California employers.  We summarize the most...

PREPARING FOR I-9 AUDITS

News media recently highlighted workplace raids by Immigration and Customs Enforcement agents (ICE).  Employers should know, however, that workplace raids affect far fewer employers and employees than another of ICE’s compliance enforcement methods:  the Form I-9...

STATUS OF SALARY HISTORY RESTRICTIONS

Changing laws and new court decisions have made it difficult for employers to understand when it is lawful to rely on salary history to set compensation.  California passed a law in 2017, only to amend it a year later.  A federal appellate court issued a ruling...

CONDUCTING A HUMAN RESOURCES AUDIT

Human resources professionals may shudder at the sound of an “audit.”  For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers “bad news?” To answer the second question first, it is far better...

“HE-SAID, SHE-SAID” INVESTIGATIONS

Employers must take both preventive and remedial action to stop unlawful discrimination, harassment, and retaliation at work.  An internal investigation is a critical tool to help fulfill these obligations.  The facts underlying workplace complaints are not always...

RISKS AND REWARDS OF UNLIMITED PTO

Some California employers offer, or may be considering, “unlimited” paid time off plans (“unlimited PTO”) in lieu of traditional accrued vacation or PTO.  The perceived benefits to employers of unlimited PTO include reducing the burden of tracking accrual and usage,...

SCOTUS EMPLOYMENT LAW DECISIONS 2018-2019

The United States Supreme Court issued several decisions during the past year that may affect California employers: Mount Lemmon Fire District v. Guido The federal Age Discrimination in Employment Act (“ADEA”) applies to private employers with 20 or more employees. ...

APPEALING A LABOR COMMISSIONER DECISION

California employees may claim unpaid wages, unreimbursed expenses, penalties, and interest via administrative complaints filed with the Division of Labor Standards Enforcement (also known as the Labor Commissioner’s office). Claims not settled are resolved via an...

FEDERAL ARBITRATION ACT INAPPLICABLE SOMETIMES

The Federal Arbitration Act (“FAA”) evinces a national policy favoring arbitration.  The law provides for strong, uniform, and broad enforcement of arbitration agreements when it applies. It preempts state laws and court decisions that disfavor arbitration.  For...

INVESTIGATING CLAIMS INVOLVING FORMER EMPLOYEES

Employers’ obligations to investigate workplace-related claims do not end when the complainant or the accused no longer works for the business. Former employees’ complaints come to employers’ attention in different ways.  The employer may learn about a concern during...

Publications Archive

 

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