Publications
Up-to-date information for employers on topics and issues that may affect workplace operations. The posts are current as of the date of the posting.
U.S. Supreme Court Round-Up
By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | August 8, 2022
During its most recent term, the United States Supreme Court issued eight decisions that may affect California employers. We summarize these rulings below. Vaccine Mandates and Agency Deference On November 5, 2021, the Secretary of Health and Human Services (“HHS”)...
The Accused’s “Right” to the Complaint in Workplace Investigations
By Jennifer Shaw and Megan Donaghey | The Daily Recorder | July 22, 2022
Employers must investigate potential workplace misconduct, particularly when it implicates internal equal employment opportunity policies. The “accused,” or respondent, in such an investigation, understandably needs to know the basis of the complaint against them....
Remote Worker Onboarding Challenges
By Jennifer Shaw and Melissa Whitehead | The Daily Recorder | June 6, 2022
The increase in remote workers has created many new and unique challenges for employers, one of which is how to onboard workers who never come to an office or job site. California law requires employers to provide specific information to new employees in writing. ...
Small Businesses May Demand Mediation of Family Leave Disputes
By Jennifer Brown Shaw and JR Riddel | The Daily Recorder | May 10, 2021
In April 2022, the Department of Fair Employment and Housing (“DFEH”) provided insight about its new pilot mediation program for certain claims under the California Family Rights Act (“CFRA”). The program is a significant benefit to “small employers” subject to the...
New COVID-19 Supplemental Sick Leave
By Jennifer Shaw and Erika Frank | The Daily Recorder | April 4, 2022
On February 9, 2022, Governor Newsom signed SB 114, creating 2022’s version of COVID-19 Supplemental Paid Sick Leave. The new law took effect on February 19, 2022, is retroactive to January 1, 2022, and expires on September 30, 2022. In addition to understanding the...
Responding to Subpoenas for Employee Records
By Jennifer Brown Shaw and Julia Melnicoe Insel | The Daily Recorder | March 3, 2022
Even if your company is not involved in litigation, you still may receive a subpoena for a current or former employee’s records. Receiving a subpoena is not necessarily cause for alarm. It simply means that someone needs documents that may be in your company’s...
WAGE-HOUR COMPLIANCE
By Jennifer Shaw and Brooke Kozak | The Daily Recorder | February 2, 2022
Wage and hour laws applicable to California employers are complex and ever changing. We briefly summarize below some of the various rules applicable to private sector, non-union employers and explain why wage-hour audits are critical. Sources of Law California...
Preventing Costly Form I-9 Mistakes
By Jennifer Shaw and Megan Donaghey | The Daily Recorder | January 3, 2022
Employers know they must confirm the identity and work authorization of each new hire by completing a Form I-9. The Form I-9 is complex, and failure to properly complete it can lead to the imposition of hefty fines by Immigration and Customs Enforcement (“ICE”) and...
MAKING MANDATORY EEO TRAINING EFFECTIVE
By Jennifer Shaw and Eric Glassman | The Daily Recorder | December 13, 2021
Come 2022, many California employers will once again need to make plans to provide mandatory EEO and “abusive conduct” training to all employees. Senate Bill 1343 became law in 2019, requiring employers to provide training every two years, with an initial training...
JENNIFER SHAW QUOTED IN SHRM ARTICLE: LABOR COMMISSIONER’S OFFICE GETS TRAINING TO HELP RESOLVE CLAIMS EARLY
By Laura Ernde | SHRM | November 30, 2021
Jennifer Shaw spoke with Laura Ernde for a SHRM article regarding the California Labor Commissioner's Office undergoing training aimed at resolving workplace disputes before a formal hearing takes place. You can read the article here.
New California Workplace Laws (Part Two)
By Jennifer Shaw and Julia Melnicoe Insel | The Daily Recorder | November 18, 2021
As we discussed in our previous article, “New California Workplace Law, Part One,” employers must be aware of a number of new California employment laws. Below is a brief summary of Part Two. Of course, employers should seek advice from experienced employment counsel...
New California Workplace Laws (Part One)
By Jennifer Shaw and Julia Melnicoe Insel | The Daily Recorder | November 15, 2021
2021 brought employers an avalanche of new laws and ever-changing COVID-19 obligations. The good news is that the California Legislature gave employers a bit of a break this session, and the changes for 2022 are not too overwhelming. Below is a brief summary of some...