Publications

NEW REGULATIONS AFFECT HIRING PROCESS

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | August 3, 2020

Newly revised anti-employment discrimination regulations, effective July 1, 2020, focus on pre-employment practices that likely are common in many industries. Employers should review application materials and hiring practices to ensure compliance with the new rules....

SCOTUS EMPLOYMENT LAW DECISIONS 2019-2020

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | July 1, 2020

The United States Supreme Court issued several decisions during the October 2019 Term, which may affect California employers.  We review those decisions below. Babb v. Wilkie The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against...

WHEN EMPLOYEES RETURN, OR NOT

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | June 3, 2020

Governments’ efforts to address the novel coronavirus pandemic include measures that closed or curtailed many businesses’ operations. As governments relax these restrictions, businesses must hire, rehire, or recall employees who were laid off or paid to be on call....

CALIFORNIA’S SUPPLEMENTAL COVID-19 SICK LEAVE

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | May 4, 2020

Federal, state, and local governments have responded to hardships the Coronavirus pandemic has wrought on businesses and their workers.  Employment-related measures include new and expanded paid leave programs, in part designed to mitigate disruptions caused by school...

COVID-19 AND THE WARN ACTS

By Jennifer Brown Shaw & D. Gregory Valenza | The Daily Recorder | March 30, 2020

Many California employers have temporarily curtailed or even closed operations as a result of the COVID-19 crisis.  Even temporary layoffs may require employers to distribute notices under federal or California laws known as “WARN Acts.”  The Worker Adjustment and...

EMPLOYER CONTROL AND HOURS WORKED

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | March 2, 2020

Employers must compensate employees for the time they spend waiting for management to inspect personal property before they leave work. That is the California Supreme Court’s unanimous ruling in Frlekin v. Apple Inc., which is based on California’s longstanding...

DRESS CODES AND GROOMING STANDARDS

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | February 3, 2020

Employers may have legitimate reasons to impose a dress code, set minimum grooming standards, or even mandate uniforms. These interests range from safety to branding, or customer satisfaction. California recently passed a law that affects employers’ discretion to set...

REGULAR RATE RULE REVISIONS

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | January 13, 2020

The U.S. Department of Labor recently revised its regulations governing the calculation of the “regular rate of pay.” That is the hourly rate used to calculate the overtime premium due hourly workers. The revised rules are effective January 15, 2020. These amendments...

REVISITING INDEPENDENT CONTRACTOR AGREEMENTS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | December 9, 2019

California’s new independent contractor law, Assembly Bill 5 (“AB 5”), creates a strong legislative preference in favor of employer-employee relationships. As a result, few independent contractor relationships will be lawful after January 1, 2020. Misclassification of...

EMPLOYERS: PREPARE NOW FOR 2020

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | November 18, 2019

A raft of new employment laws take effect on January 1, 2020. To help employers prioritize the many required changes to policies, forms, and procedures, we provide a non-exhaustive list of matters requiring employers’ attention by year’s end.  This discussion may not...

CCPA UPDATES FOR EMPLOYERS

By Jennifer Brown Shaw and Julia Melnicoe-Insel | The Daily Recorder | November 15, 2019

The California Legislature enacted the California Consumer Privacy Act (“CCPA”) in 2018 to give consumers control over the use and sale of their personal information by businesses. The law’s provisions are broad, and may affect how employers collect and store...

2019 CALIFORNIA SUPREME COURT ROUNDUP (PART 2)

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | October 22, 2019

This article is Part 2 of a two-part series providing an overview of recent California Supreme Court decisions in employment law. We continue below with brief summaries of the California Supreme Court’s key employment law opinions during the past year.  We also...

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