What’s New in Employment Law?
Welcome to Shaw Law Group, PC’s law blog. We will focus on employment law developments, particularly in California. Nothing in this forum should be construed as legal advice, ’cause it isn’t. So, please consult your lawyer or hire us! (We typically represent employers, not employees). Also – this is a public website, so communications are not privileged. Copyright Shaw Law Group, PC © 2018, 2017. All rights reserved.
Cal. Court of Appeal Rejects Technicality-Based Wage Statement Claim
By D. Gregory Valenza | | April 10, 2019
If you aren't aware, California employers have to provide wage statements that include specific information. Failing to get it right can lead to significant penalties. The requirements are contained in Labor Code section 226 (here). One of the requirements that...
California – New Poster Required by the California Dept of Fair Employment and Housing
By D. Gregory Valenza | | 4/8/2019
The California Department of Fair Employment and Housing has revised its mandatory poster informing employees of their rights under the California Family Rights Act, the Pregnancy Disability Leave law, and the "New Parent Leave Act," which applies to smaller employers...
San Francisco Employers – Two Items
By D. Gregory Valenza | | April 5, 2019
If your business operates in San Francisco, you may wish to note these two upcoming obligations. First, on July 1, 2019, the San Francisco minimum wage increases to $15.59 per hour. Yes, you'll need a new poster. And you can find that poster, along with other...
Some California Employment Case Law Developments in February 2019
By D. Gregory Valenza | | March 3, 2019
Here are some key court decisions affecting California employers in February 2019. Remember last year when the Ninth Circuit held that the federal Equal Pay Act prohibited any consideration of an applicant's prior salary? Me neither, but we posted about it here. As...
Divided Court of Appeal Holds Requiring Employees to Call in Before Shift Triggers “Reporting Time” Pay Obligation
By D. Gregory Valenza | | February 5, 2019
Caution: some content in this post may be considered at least a little snarky. But if your organization requires employees to call-in to see if they're required to work later that day, it's probably worth the read. Two out of three justices of the court of appeal...
New Court of Appeal Decision Re: Liability Standards for Timekeeping and, Separately, Meal Period Pay
By D. Gregory Valenza | | February 4, 2019
The Court of Appeal's decision in Furry v. East Bay Publishing , LLC (opinion here) covers two important wage and hour issues: time records, and meal period liability. Terry Furry was employed as an advertising salesperson, and then "marketing director" with East...
More Quick Takes Re: California Employment Law
By D. Gregory Valenza | | February 2, 2019
Here are some summaries of recent developments. Cal-OSHA Logs. First, it's Groundhog Day. And you know what that means! The annual obligation to post OSHA logs. Here's a handy press release issued by Cal-OSHA about the requirement and the process. Arbitration -...
Ninth Circuit: Fair Credit Reporting Act Disclosure Must “Stand Alone” from Disclosures Required by State Law
By D. Gregory Valenza | | January 29, 2019
Employers that use background check companies to administer credit or other background checks: take note. The Ninth Circuit Court of Appeals further limited what qualifies as a "clear and conspicuous" disclosure that "solely" consists of the disclosure under the...
Quick Takes on 3 Recent Employment Law Cases
By D. Gregory Valenza | | January 18, 2019
Here are some summaries of three miscellaneous recent cases affecting California employers. These decisions are be industry or employer-specific. Prevailing Wage - Employers with public works contracts, particularly construction-related ones, take note - The U.S....
Unanimous Supreme Court: Courts Cannot Limit Arbitrator’s Power to Decide If Claim Is Arbitrable
By D. Gregory Valenza | | January 8, 2019
The U.S. Supreme Court held that lower courts cannot decide whether a claim is arbitrable, if the parties to the arbitration agreement properly delegated that responsibility to the arbitrator. Justice Kavanaugh wrote his first opinion on behalf of a unanimous Court....
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