Publications

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, 2018

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. ...

5 THINGS TO KNOW ABOUT WAGE DEDUCTIONS IN CALIFORNIA

By D. Gregory Valenza and Jennifer Shaw | Society for Human Resources Management (SHRM) | December 17, 2018

Under California law, all earned wages are the employee's property, so employers may make deductions from employees' wages only under certain circumstances. Improper deductions can lead to claims for underpayment, which can result in steep penalties, including...

CALIFORNIA EMPLOYERS SHOULD PREPARE FOR JANUARY 1 NOW

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | December 11, 2018

Several new employment laws taking effect on January 1, 2019, require employers to change policies, forms, and procedures. Below is a non-exhaustive summary of key changes that will affect training programs, employee handbooks and policies, employment documents,...

U.S. DOL ISSUES NEW FMLA FORMS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | November 20, 2018

Recently, the United States Department of Labor (DOL) issued new Family and Medical Leave Act (FMLA) forms.  Under the FMLA, employees who meet certain eligibility requirements generally may take up to 12 weeks of leave annually for reasons related to their own...

2018 CALIFORNIA SUPREME COURT ROUNDUP

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | November 6, 2018

The California Supreme Court issued several decisions during the past year that may affect California employers.  We summarize them below. Alvarado v. Dart Container Corp. of California (Dart) (March 5, 2018) Alvarado initiated a class action against Dart, claiming...

ADDRESSING HARASSMENT AT WORK

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | October 25, 2018

According to the federal Equal Employment Opportunity Commission, sexual harassment claims have increased by more than 50 percent in fiscal year 2018. Increased awareness following the #MeToo movement, along with courts’ and agencies’ lower standards for what...

DOING BUSINESS IN SAN FRANCISCO – PART 2

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | October 9, 2018

This article is Part 2 of a two-part series providing an overview of laws affecting San Francisco employers. We continue our summary of San Francisco employment-related ordinances. Criminal History Information San Francisco’s “ban the box” ordinance imposes...

DOING BUSINESS IN SAN FRANCISCO – PART 1

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | September 25, 2018

This article is Part 1 of a two-part series providing an overview of laws affecting San Francisco employers. San Francisco.  The Bay’s cold waters and strong currents probably are easier to navigate than the local employment laws.  In this two-part article, we...

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