Publications

Employee handbooks contain key employment policies. Private sector employers should not only maintain handbooks, but also understand their significance and purpose. Below we cover the most important elements of effective employee handbooks. The Purpose An employee...

Fall marks the end of California’s legislative session and Governor Newsom’s review of employment-related bills. Below is a brief summary of the key laws affecting California employers that will take effect on January 1, 2025, or later. Discrimination AB 1815 The...

During its most recent term, the California Supreme Court issued several decisions that may affect California employers. We summarize those rulings below. Clarification on Compensable Time The Court took up an appeal from the Ninth Circuit in March regarding...

Employers must take remedial and preventive action to stop discrimination, harassment, and retaliation at work. To fulfill this obligation, internal human resources professionals and employment lawyers should understand how to effectively conduct investigations of...

On June 28, 2024, by a 6-3 vote, the United States Supreme Court overturned the long-standing Chevron doctrine. In rejecting this doctrine, the Supreme Court substantially limited the level of judicial deference accorded federal agencies’ interpretations of federal...

During its most recent term, the United States Supreme Court issued a few decisions that may affect California employers. We summarize those rulings below. Standard for Title VII Discrimination Claims Under Title VII, employers cannot “refuse to hire or to discharge...

Recently-enacted Senate Bill 553 (SB 553) amended the California Labor Code to require most California employers to establish and implement an effective, written workplace violence prevention plan (WVPP) containing specific information by July 1, 2024. An employer’s...

(This is part two of a two-part article.  Part one was published last month.) As we discussed in last month’s column, calculating the regular rate of pay can be complicated, and failure to do so correctly can result in significant liability for employers. Calculating...

(This is part one of a two-part article.  Part two will be published next month.) Even employers with the best intentions find it difficult to understand California’s ever-changing wage and hour laws. One common pitfall is paying overtime (and other forms of...

Employers often want employees to sign a confidentiality agreement (sometimes called a “non-disclosure” agreement) to protect trade secrets, proprietary information, and other competitively sensitive business information.  But, confidentiality agreements are not a...

Employers often find it challenging to determine how much information to provide witnesses and respondents during workplace investigations. Do respondent employees have a right to know the substance of the complaint against them and/or the identity of their accuser?...

California employers often require applicants to undergo criminal background checks.  Various state and federal employment laws govern this process, and employers must ensure their practices comply with those laws. Employers that conduct background checks must comply...