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.

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...

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...

CALIFORNIA SUPREME COURT ROUND UP

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | October 4, 2021

The California Supreme Court issued several employment law decisions during the past year.  We summarize below the most important of these rulings. Donohue v. AMN Services To simplify timekeeping calculations, many employers have adopted “rounding practices” in which...

LGBTQ+ PROTECTIONS IN THE WORKPLACE

By Jennifer Shaw and Melissa Whitehead | The Daily Recorder | August 3, 2021

Federal workplace protections for LGBTQ+ employees have expanded significantly since the United State Supreme Court’s 2020 decision in Bostock v. Clayton County. Unlike federal law, California has long considered sexual orientation, gender identity, and gender...

SCOTUS EMPLOYMENT LAW DECISIONS 2020-2021

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | July 6, 2021

Since our last annual United States Supreme Court roundup article, the Court issued four decisions that may affect California employers. We summarize these rulings below. Our Lady of Guadalupe School v. Morrissey-Berru The First Amendment generally prohibits...

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