Publications

COVID-19 AND THE WARN ACTS

By Jennifer Brown Shaw & D. Gregory Valenza | The Daily Recorder | March 30, 2020

Many California employers have temporarily curtailed or even closed operations as a result of the COVID-19 crisis.  Even temporary layoffs may require employers to distribute notices under federal or California laws known as “WARN Acts.”  The Worker Adjustment and...

EMPLOYER CONTROL AND HOURS WORKED

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | March 2, 2020

Employers must compensate employees for the time they spend waiting for management to inspect personal property before they leave work. That is the California Supreme Court’s unanimous ruling in Frlekin v. Apple Inc., which is based on California’s longstanding...

DRESS CODES AND GROOMING STANDARDS

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | February 3, 2020

Employers may have legitimate reasons to impose a dress code, set minimum grooming standards, or even mandate uniforms. These interests range from safety to branding, or customer satisfaction. California recently passed a law that affects employers’ discretion to set...

REGULAR RATE RULE REVISIONS

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | January 13, 2020

The U.S. Department of Labor recently revised its regulations governing the calculation of the “regular rate of pay.” That is the hourly rate used to calculate the overtime premium due hourly workers. The revised rules are effective January 15, 2020. These amendments...

REVISITING INDEPENDENT CONTRACTOR AGREEMENTS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | December 9, 2019

California’s new independent contractor law, Assembly Bill 5 (“AB 5”), creates a strong legislative preference in favor of employer-employee relationships. As a result, few independent contractor relationships will be lawful after January 1, 2020. Misclassification of...

EMPLOYERS: PREPARE NOW FOR 2020

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | November 18, 2019

A raft of new employment laws take effect on January 1, 2020. To help employers prioritize the many required changes to policies, forms, and procedures, we provide a non-exhaustive list of matters requiring employers’ attention by year’s end.  This discussion may not...

CCPA UPDATES FOR EMPLOYERS

By Jennifer Brown Shaw and Julia Melnicoe-Insel | The Daily Recorder | November 15, 2019

The California Legislature enacted the California Consumer Privacy Act (“CCPA”) in 2018 to give consumers control over the use and sale of their personal information by businesses. The law’s provisions are broad, and may affect how employers collect and store...

2019 CALIFORNIA SUPREME COURT ROUNDUP (PART 2)

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | October 22, 2019

This article is Part 2 of a two-part series providing an overview of recent California Supreme Court decisions in employment law. We continue below with brief summaries of the California Supreme Court’s key employment law opinions during the past year.  We also...

2019 CALIFORNIA SUPREME COURT ROUNDUP (PART 1)

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | October 14, 2019

This article is Part 1 of a two-part series providing an overview of recent California Supreme Court decisions in employment law. The California Supreme Court issued several decisions during the past year that may affect California employers.  We summarize the most...

PREPARING FOR I-9 AUDITS

By Jennifer Brown Shaw and Megan Donaghey | The Daily Recorder | September 23, 2019

News media recently highlighted workplace raids by Immigration and Customs Enforcement agents (ICE).  Employers should know, however, that workplace raids affect far fewer employers and employees than another of ICE’s compliance enforcement methods:  the Form I-9...

STATUS OF SALARY HISTORY RESTRICTIONS

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | September 10, 2019

Changing laws and new court decisions have made it difficult for employers to understand when it is lawful to rely on salary history to set compensation.  California passed a law in 2017, only to amend it a year later.  A federal appellate court issued a ruling...

CONDUCTING A HUMAN RESOURCES AUDIT

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | August 26, 2019

Human resources professionals may shudder at the sound of an “audit.”  For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers “bad news?” To answer the second question first, it is far better...

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