By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | September 13, 2017
Discriminating against job applicants or employees based on national origin has long been unlawful under both federal and California law. The term “national origin” is not limited to one’s country of birth. But what other characteristics are included within the term?...
By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | August 30, 2017
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 preview...
By Jennifer Brown Shaw | California Employer Update | July 31, 2017
It’s Monday morning. You’ve just settled in when your assistant tells you a representative from the Labor Commissioner’s Office is here to speak with you. What do you do? Panic and run! The best answer is C.Chase him out of the building, shouting that he’s not...
By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | August 15, 2017
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...
By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | July 18, 2017
It may seem as though employers may choose to hire employees who lack criminal histories, particularly in jobs requiring honesty or good judgment. But the government has become increasingly hostile to that notion. A growing number of federal, state, and local laws...
By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | July 6, 2017
Businesses seek certainty so they may manage their workforces and liability risks. These goals continue to be elusive when it comes to arbitration of employment disputes. Employers frequently must revise arbitration programs to comply with new laws and court...
By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | June 21, 2017
Social media has blurred the line between work and home lives. People tell the world what they used to keep to themselves or share only with friends or family. Employees use Facebook, Twitter, Reddit, and more to air opinions about managers, working conditions, and...
By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | June 6, 2017
California lawmakers and regulators in recent years have provided specific direction to employers about how to prevent and correct workplace harassment. For example, in 2016, the California Fair Employment and Housing Council (“FEHC”) issued regulations addressing...
By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | May 23, 2017
For how many consecutive days may an employer require an employee to work? Given the maze that is California employment law, one might think the answer to that question was settled long ago. But no. The California Supreme Court only recently deciphered the meaning...
By Jennifer Brown Shaw and Michelle Goldberg | The Daily Recorder | May 10, 2017
Employers increasingly are relying on electronically signed personnel records and other documents relevant to employer-employee relationships. Both state and federal laws treat “electronic signatures” as valid as so-called wet signatures, but only when the electronic...
By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | May 2, 2017
California’s Labor Code and wage orders require employers to “authorize and permit” employees to take periodic, paid rest periods. These requirements equally apply to all employees, unless employees are designated “exempt” under the executive, administrative,...
By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | April 11, 2017
The California Supreme Court recently issued a landmark decision, holding that a public employee’s written electronic communications via a personal account may be subject to a Public Records Act request. One of the interesting questions the decision raises relates to investigations of workplace misconduct: Can an investigator use a Public Records Act request to obtain communications made by public-sector witnesses on their personal devices? Subject to some significant limitations, it appears that the answer is “yes.”
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