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

News media recently highlighted workplace raids by Immigration and Customs Enforcement agents (ICE).  Employers should know, however, that workplace raids affect far fewer employers and employees than another of ICE’s compliance enforcement methods:  the Form I-9...

Changing laws and new court decisions have made it difficult for employers to understand when it is lawful to rely on salary history to set compensation.  California passed a law in 2017, only to amend it a year later.  A federal appellate court issued a ruling...

Human resources professionals may shudder at the sound of an “audit.”  For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers “bad news?” To answer the second question first, it is far better...

Employers must take both preventive and remedial action to stop unlawful discrimination, harassment, and retaliation at work.  An internal investigation is a critical tool to help fulfill these obligations.  The facts underlying workplace complaints are not always...

Some California employers offer, or may be considering, “unlimited” paid time off plans (“unlimited PTO”) in lieu of traditional accrued vacation or PTO.  The perceived benefits to employers of unlimited PTO include reducing the burden of tracking accrual and usage,...

The United States Supreme Court issued several decisions during the past year that may affect California employers: Mount Lemmon Fire District v. Guido The federal Age Discrimination in Employment Act (“ADEA”) applies to private employers with 20 or more employees. ...

California employees may claim unpaid wages, unreimbursed expenses, penalties, and interest via administrative complaints filed with the Division of Labor Standards Enforcement (also known as the Labor Commissioner’s office). Claims not settled are resolved via an...

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...

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...

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....