Publications

NLRB CHANGES POSITION ON HANDBOOKS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | August 7, 2018

An employee handbook is an important and useful part of any business with employees. A well-drafted handbook sets the employer’s expectations, demonstrates the employer’s policies are legally compliant, provides needed information, and highlights positive employee...

2018 U.S. SUPREME COURT ROUNDUP (PART 2)

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | July 17, 2018

This article is Part 2 of a two-part series providing an overview of recent United States Supreme Court decisions in employment law.  We continue below with brief summaries of the U.S. Supreme Court’s key employment law opinions. We also preview the employment...

2018 U.S. SUPREME COURT ROUNDUP (PART 1)

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | July 3, 2018

This article is Part 1 of a two-part series providing an overview of recent United States Supreme Court decisions in employment law. The United States Supreme Court issued several decisions during the past year that may affect California employers. We summarize the...

SHOULD EMPLOYERS USE ARBITRATION AGREEMENTS?

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | June 19, 2018

The law is clear that employers and employees may agree to resolve employment-related disputes through an arbitrator, rather than in the courts.  The agreement details the process, such as which disputes are subject to arbitration, how to select the arbitrator, what...

CALIFORNIA’S NEW INDEPENDENT CONTRACTOR TEST

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | June 7, 2018

The California Supreme Court’s recent decision in Dynamex Operations West v. Lee is a game-changer for businesses that classify individuals as “independent contractors” rather than employees. Businesses must learn the new test for independent contractor status and...

WHO PAYS? JOINT EMPLOYER LIABILITY

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | May 21, 2018

The general rule is that only the employee’s “employer” is liable for wage and hour violations. However, the definition of “employer” is an evolving area of the law. California’s legislature, federal agencies, and courts have expanded traditional notions of the...

CALCULATING OVERTIME WITH FLAT SUM BONUSES

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | April 30, 2018

California labor laws generally discourage overtime work by requiring employers to pay a premium for hours worked in excess of eight hours in a workday or 40 hours in a workweek.  There are additional premiums for work on the seventh day in the workweek, or work...

FEHC PROPOSES NEW WORKPLACE REGULATIONS

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | April 13, 2018

The new year brought two significant employment laws that expand parental leave rights, but limit employers’ ability to consider applicants’ conviction history. California’s Fair Employment and Housing Council (FEHC) recently proposed regulations to interpret these...

PREPARING FOR WORKSITE INSPECTIONS

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | March 28, 2018

Federal and California agencies conduct workplace inspections for a growing variety of reasons.  For example, SB 306, effective January 1, 2018, expanded the California Department of Labor Standards Enforcement’s authority to investigate wage law violations, without a...

NEW WHISTLEBLOWER PROTECTIONS FOR EMPLOYEES OF THE LEGISLATURE

By D. Gregory Valenza and Justin Paddock | The Daily Recorder | March 19, 2018

California Assembly Bill (“AB”) 403, the “Legislative Employee Whistleblower Protection Act,” imposes stiff consequences on Members of the Legislature or legislative employees who interfere with a legislative employee’s right to make a “protected disclosure.”  The new...

SMALL EMPLOYER LEAVE OBLIGATIONS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | February 27, 2018

It is important for management and owners of small businesses to become familiar with the many laws that allow employees to take time off from work. The key feature of these statutes is job protection – employers are prohibited from firing or taking other negative...

NATURAL DISASTERS AND EMPLOYMENT LAW

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | February 13, 2018

2017 saw its share of natural disasters in California, including devastating wildfires. Mudslides and an earthquake already have occurred in 2018. Along with the terrible losses, a natural disaster can significantly disrupt business operations, affecting employees and...

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