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Welcome to Shaw Law Group, PC’s law blog. We focus on employment law developments, particularly in California. The posts below are current as of the date of the posting. Nothing in this forum should be construed as legal advice, ’cause it isn’t. Please consult your regular counsel or hire us! Also – this is a public website, so communications are not privileged.

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When is Wearing “BLM” Insignia “Concerted Activity”?

Last week, the National Labor Relations Board ruled that Home Depot violated an employee’s rights under Section 7 of the National Labor Relations Act by requiring them to remove the “BLM” (the acronym for “Black Lives Matter”) insignia from their orange work apron....

Reasons Not to Hide Performance Terminations as Layoffs

All employers have been there. You decide to terminate an employee because of their poor job performance, but there is a problem. Maybe the supervisor has never addressed the performance issues.  Or, the manager never documented their discussions with the employee....

What’s New With California’s Pay Data Reporting Requirements?

Private employers of 100 or more employees and/or 100 or more workers hired through labor contractors must annually report pay, demographic, and other workforce data to the California Civil Rights Department (“CRD”). This year, those reports are due by May 8, 2024. On...

Form I-9 Best Practices

Employers use the form I-9 to verify the identity and legal authorization to work of all paid employees in the United States. Unfortunately, it is not always easy to properly and timely complete the I-9, and significant liability can result from getting it wrong. We...

A.B. 1076 Notice Deadline is Fast Approaching

Senate Bill 699 and Assembly Bill 1076 were effective on January 1, 2024, expanding the prohibition on non-compete agreements in the employment context and requiring employers to notify employees and former employees that any non-compete agreements to which they...

Employment Law Potpourri

The pace of employment law developments can be fast and furious at the start of a new year.  Below are a few things you should carefully review. Updated “California Law Prohibits Workplace Discrimination and Harassment” Poster. California’s Civil Rights Department has...

New Federal Independent Contractor Rule

It’s not just California!  Earlier this month the U.S. Department of Labor published its final rule regarding independent contractor classification. The new rule is effective on March 11, 2024, and adopts a multi-factor test under the Fair Labor Standards Act.  The...

CDPH Updates COVID-19 Definitions and Requirements

On January 9, 2024, the California Department of Public Health (“CDPH”) issued an order modifying certain COVID-19 definitions. The revisions reflect the CDPH’s updated intervention priorities, which are “now focused on protecting those most at risk for serious...

New California Workplace Violence Prevention Program Requirements

By July 1, 2024, employers must establish, implement, and maintain an “effective” workplace violence prevention plan (“WVPP”). The WVPP must be in writing, and include certain information, such as effective procedures for identifying and evaluating workplace violence...

COVID-19 Requirements Lift in 2024

Although many new employment laws went into effect on January 1, 2024, several COVID-19-related regulations and requirements expire this year.    COVID-19 Notice Requirements. The Labor Code provision requiring California employers to post or send notices of workplace...

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