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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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We’re Closer to a Ruling on PAGA Standing

By Jennifer Shaw | | May 31, 2023

California employers are eagerly awaiting a decision in the pending state Supreme Court case, Adolph v. Uber. The Court is poised to decide whether an employee compelled to arbitration their individual Labor Code claims may still pursue their PAGA (Private Attorneys...

Finally…Some Vaccine Accommodation Guidance!

By Jennifer Shaw | | May 30, 2023

Happy Tuesday.  I hope you all had a good holiday weekend! So, we finally have some guidance from the California Court of Appeal regarding whether an employer lawfully may terminate an employee for refusing to be vaccinated (in this case, against the flu).  Here’s the...

Form I-9s and FMLA Posters

By Jennifer Shaw | | May 10, 2023

So, it’s been a busy few weeks in the employment law universe.  Here are two developments: Form I-9 Flexibility is Over! Unfortunately (but not surprisingly!), the flexibility for completing the Form I-9 remotely is ending on July 31.  (It doesn’t make sense, with so...

More Arbitration News for California Employers

By Jennifer Shaw | | April 5, 2023

On June 16, 2022, we posted about the U.S. Supreme Court’s decision in Viking River Cruises, Inc. v. Moriana. There, the Court struck down the waiver in Viking’s arbitration agreement of Moriana’s right to bring a representative PAGA claim.  However, it upheld the...

More NLRB News about Separation Agreements

By Jennifer Shaw | | March 23, 2023

My March 7, 2023, blog addresses the National Labor Relations Board’s recent fascination with confidentiality, non-disclosure, and non-disparagement provisions in separation agreements.  Well, there’s more… Yesterday, the Board’s General Counsel expounded on the...

More COVID-19 Guidance from the CDPH and Cal/OSHA

By Jennifer Shaw | | March 21, 2023

Earlier this month, the California Department of Public Health updated its COVID-19 public health Order and guidance regarding isolation/quarantine and face-covering recommendations. Here is a link. Isolation/Quarantine Rules The new isolation/quarantine...

Why “Template” Separation Agreements Will Get You Sued!

By Jennifer Shaw and Julia Melnicoe Insel | | March 7, 2023

Okay.  Now that I have your attention… Last month, the National Labor Relations Board issued an important decision (McLaren Macomb, 372 NLRB No. 58 (2023) regarding the inclusion of certain common provisions in severance and separation agreements. You can read the...

Important New DOL Guidance on the FMLA

By Jennifer Shaw and Melissa Whitehead | | February 24, 2023

The federal Department of Labor recently issued new guidance on the federal Family and Medical Leave Act (“FMLA”). Covered employers should pay careful attention to these developments. First, earlier this month, the Department’s Wage and Hour Division (“WHD”) issued...

Mandatory Arbitration Agreements Are Back!

By Jennifer Shaw | | February 16, 2023

The 9th Circuit just delivered some good news to California employers: they may now force employees to sign arbitration agreements as a condition of employment. In 2019, the California Assembly enacted AB 51 to protect employees from “forced arbitration” by making it...

New COVID-19 Regulation Approved!

By Jennifer Shaw | | February 6, 2023

On February 3, 2023, the California Office of Administrative Law finally approved the COVID-19 Non-Emergency Regulation. The new regulation is effective until February 3, 2025, with recordkeeping requirements applicable through February 3, 2026. As you may recall, the...

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