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.

How to Pay Overtime in California: Part Two

(This is part two of a two-part article.  Part one was published last month.) As we discussed in last month’s column, calculating the regular rate of pay can be complicated, and failure to do so correctly can result in significant liability for employers. Calculating...

How to Pay Overtime in California: Part One

(This is part one of a two-part article.  Part two will be published next month.) Even employers with the best intentions find it difficult to understand California’s ever-changing wage and hour laws. One common pitfall is paying overtime (and other forms of...

When Do Confidentiality Agreements Make Sense?

Employers often want employees to sign a confidentiality agreement (sometimes called a “non-disclosure” agreement) to protect trade secrets, proprietary information, and other competitively sensitive business information.  But, confidentiality agreements are not a...

Employee Rights in Workplace Investigations

Employers often find it challenging to determine how much information to provide witnesses and respondents during workplace investigations. Do respondent employees have a right to know the substance of the complaint against them and/or the identity of their accuser?...

New Criminal Background Check Regulations

California employers often require applicants to undergo criminal background checks.  Various state and federal employment laws govern this process, and employers must ensure their practices comply with those laws. Employers that conduct background checks must comply...

Customized Workplace Violence Prevention Plans and Training Now Required

A newly-enacted law, Senate Bill 553, requires most California employers to establish and implement an effective, written workplace violence prevention plan (WVPP) containing specific information by July 1, 2024. The WVPP may be a stand-alone document, or incorporated...

Artificial Intelligence in the Workplace

Whether employers realize it or not, Artificial Intelligence (“AI”) currently is used in most workplace.  Although AI can be tremendously beneficial in the right circumstances, it also can create significant liability for employers who do not leverage it...

California Legislative Round-Up 2023

Governor Newsom is done signing bills for 2023. We briefly summarize the new laws affecting California employers below. Unless noted otherwise, these laws are effective on January 1, 2024. Equal Employment Opportunity The Governor signed AB 2188 in the 2022...

Arbitration Agreements: Overview and Recent Developments

Arbitration provides employers with an alternative venue to resolve disputes instead of litigation. Similar to litigation, a claimant files a claim and the parties resolve the dispute with a binding decision. However, claimants file claims with arbitration services,...

The NLRB’s Next Target: Handbooks and Policies

The National Labor Relations Board (the “NLRB”) recently issued a new decision, Stericycle, Inc., that broadly affects how most employers will think about their employment handbooks and policies. Employer should consider implementing a number of best practices to...

U.S. Supreme Court Round-Up Part 2

During the last week of its most recent term, the United States Supreme Court (the “Court”) issued four important decisions that may affect California employers. We summarize those rulings, and an employment discrimination case the Court agreed to hear, below....

U.S. Supreme Court Round-Up

During its most recent term, the United States Supreme Court issued two decisions that may affect California employers. We summarize those rulings, and two upcoming cases, below. Employee Exemptions from Overtime Compensation The Fair Labor Standards Act (“FLSA”)...

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