Publications

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....

REVISED EEO-1 INCLUDES PAY DATA

By Jennifer Brown Shaw and Michelle Goldberg | The Daily Recorder | January 20, 2017

The Equal Employment Opportunity Commission, or “EEOC,” requires covered employers to report employees’ race/ethnicity and gender using the Employer Information EEO-1 report.  Covered employers include most private sector employers with more than 100 employees, and...

NEW CALIFORNIA EMPLOYMENT LAWS FOR 2017 (PART 2)

By Jennifer Brown Shaw | The Daily Recorder | January 3, 2017

This article is Part 2 of a two-part series providing an overview of new federal and California employment laws. Unless otherwise noted, these laws will take effect on January 1, 2017. Paid Sick Leave for In-Home Supportive Services Employees – SB 3 Effective July 1,...

NEW CALIFORNIA EMPLOYMENT LAWS FOR 2017 (PART 1)

By Jennifer Brown Shaw and Paul M. Smith | The Daily Recorder | December 21, 2016

This article is Part 1 of a two-part series providing an overview of new federal and California employment laws. Several new laws taking effect in 2017 will affect how California employers do business. This two-part article summarizes key changes that employers can expect and suggests ways to comply. Unless otherwise noted, these laws will take effect on January 1, 2017.

PROHIBITING MARIJUANA IN THE MARKETPLACE

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | December 7, 2016

Proposition 64, also known as the Adult Use of Marijuana Act (“the Act”), passed on November 8, 2016. The Act represents a significant change to California law. Although the initiative expressly states it does not change employer’s rights and obligations to maintain a drug-free workplace, California employers should plan for reality: more employees may be under the influence of marijuana at work.

NEW PROTECTIONS FOR TRANSGENDER EMPLOYEES

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | November 24, 2016

The legal rights of transgender individuals in the workplace are evolving. California law has conferred upon transgender employees the right to be free of workplace harassment and discrimination for several yeas. Until recently, however, there has been little in the...

EEOC’S UPDATED RETALIATION GUIDANCE

By Jennifer Brown Shaw | The Daily Recorder | Oct 25, 2016

The Equal Employment Opportunity Commission, or “EEOC,” is the federal agency that enforces federal employment discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act. These and other civil rights laws prohibit retaliation against workers for engaging in protected activity, such as filing a complaint with the agency or participating in an investigation.

APPLYING CALIFORNIA LAW TO EMPLOYMENT DISPUTES

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | Oct 12, 2016

It is no secret that hiring employees and conducting business in California involve more laws and rules than in other states. Multi-state employers often desire consistent personnel practices, or to mitigate some of the more restrictive elements of California employment law. To achieve these goals, employers may draft confidentiality, arbitration, or other agreements that include choice of law provisions and forum selection clauses.

LAW IN BRIEF: ARBITRATION AGREEMENTS AND CLASS-ACTION WAIVERS

By Jennifer Brown Shaw and D. Gregory Valenza | California Employer Update | Oct 1, 2016

Mandatory arbitration agreements in employment settings bring with them benefits and challenges. One attractive aspect – particularly in California – is that employers may require workers to arbitrate all disputes individually; i.e., not via a multi-plaintiff or class action. Both the United States and California Supreme Courts have upheld so-called “class action waivers” as lawful.

FIVE LESS OBVIOUS WAGE-HOUR VIOLATIONS

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | Sep 27, 2016

Misclassifying employees as “exempt,” maintaining “use-it or lose-it” vacation policies, and denying employees meal and rest breaks are examples of wage-hour law violations we have already thoroughly discussed. Below are a few unlawful practices of which employers may not be as aware.

TIP POOLING BECOMES MORE COMPLEX

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | Sep 14, 2016

The American custom of tipping wait staff can lead to wage-hour compliance issues under California and federal law. Because of tips, wait staff may be among the highest compensated employees in a restaurant, sometimes earning more than their managers. Meanwhile, cooks who prepare the food typically earn only a fixed wage, and dishwashers may work for minimum wage. Yet, each of these employees contributes to the customer’s dining experience.

NEW FEDERAL TRADE SECRETS LAW

By Jennifer Brown Shaw and Paul M. Smith | The Daily Recorder | Aug 31, 2016

The Defend Trade Secrets Act (DTSA) s a federal law that provides employers with some important benefits. However, employers wishing to take advantage of the new law should revisit policies and agreements, such as handbooks and non-disclosure agreements that restrict the use and disclosure of trade secrets.

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