Publications

FEDERAL ARBITRATION ACT INAPPLICABLE SOMETIMES

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | June 4, 2019

The Federal Arbitration Act (“FAA”) evinces a national policy favoring arbitration.  The law provides for strong, uniform, and broad enforcement of arbitration agreements when it applies. It preempts state laws and court decisions that disfavor arbitration.  For...

INVESTIGATING CLAIMS INVOLVING FORMER EMPLOYEES

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | May 22, 2019

Employers’ obligations to investigate workplace-related claims do not end when the complainant or the accused no longer works for the business. Former employees’ complaints come to employers’ attention in different ways.  The employer may learn about a concern during...

REPORTING TIME AND OTHER SHIFT PAY ISSUES

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | May 7, 2019

Employers must pay workers for “reporting time” when employees call in to determine if they will be expected to work, according to the California Court of Appeal’s decision in Ward v. Tilly’s, Inc.  If the California Supreme Court denies Tilly’s pending petition for...

NEW HARASSMENT STANDARDS AND STRATEGIES

By Jennifer Shaw and Julia Melnicoe Insel | The Daily Recorder | April 24, 2019

Senate Bill 1300, enacted last year, is one of the California Legislature’s answer to the “Me Too” movement.  The law makes several changes to the law prohibiting harassment in the workplace.  These changes lower the standard required to prove unlawful harassment....

ADDRESSING EMPLOYEE GHOSTING

By Jennifer Shaw and Eric J. Glassman | The Daily Recorder | April 17, 2019

As the unemployment rate remains low, there may be more available jobs than qualified applicants to fill them. So, job-seekers are in high demand. One possible side effect of aggressive recruiting and rising wages is that employers are experiencing what is...

DISCLOSURE AND CONSENT IN EMPLOYEE BACKGROUND INVESTIGATIONS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | March 29, 2019

Disclosure and Consent in Employee Background Investigations Many employers use background investigations when making hiring, promotional, and similar decisions. The data made available by these investigations help the employer evaluate applicants in greater depth...

EMPLOYERS’ USE OF ROUNDING PRACTICES FOR TIMEKEEPING

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | February 26, 2019

For decades, employers have used timekeeping practices that involve rounding, for example, rounding the employees’ “punch time” up or down to the nearest tenth or quarter hour. In the past few years, several California cases have upheld employers’ rounding practices,...

PAYING FOR EMPLOYEE TRAVEL

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | January 29, 2019

Employers require at least some employees to travel for business purposes. When hourly employees travel as part of the job, several employment law issues require attention. Commute Time An employee’s regular commute generally is not compensable. However, there are...

DEVELOPMENTS IN WORKPLACE DRUG TESTING

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | February 13, 2019

On October 11, 2018, the federal Occupational Safety and Health Administration (OSHA) issued a memorandum relaxing the rules on post-accident drug testing and drug testing as part of a safety incentive program.  Formerly, OSHA rules permitted drug testing only where...

RELEASING EMPLOYMENT CLAIMS: DOS, DON’TS, AND MAYBES

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | January 15, 2019

Employers enter into agreements with employees to settle threatened claims or litigation, and to resolve any potential claims, such as at the time of a layoff or discharge. The primary goal of these agreements is to resolve active disputes or potential claims.  ...

HOW TO MAKE MANDATORY TRAINING EFFECTIVE

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | December 31, 2018

This fall, the California legislature responded to the #MeToo movement in a significant way.  One bill, SB 1343, affects nearly every employer in California.  Prior to SB 1343, only employers with 50 or more employees were required to provide sexual harassment and...

EMPLOYEE COMPLAINTS OF CUSTOMER HARASSMENT

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | December 20, 2018

Employers and the public understandably focus on workplace harassment claims arising from co-workers’ or supervisors’ conduct.  However, an employer also may incur liability for unlawful workplace harassment perpetrated by an outsider, such as a customer or vendor. ...

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