Disclosure and Consent in Employee Background Investigations Many employers use background investigations when making hiring, promotional, and similar decisions. The data made available by these investigations help the employer evaluate applicants in greater depth...

For decades, employers have used timekeeping practices that involve rounding, for example, rounding the employees’ “punch time” up or down to the nearest tenth or quarter hour. In the past few years, several California cases have upheld employers’ rounding practices,...

Employers require at least some employees to travel for business purposes. When hourly employees travel as part of the job, several employment law issues require attention. Commute Time An employee’s regular commute generally is not compensable. However, there are...

On October 11, 2018, the federal Occupational Safety and Health Administration (OSHA) issued a memorandum relaxing the rules on post-accident drug testing and drug testing as part of a safety incentive program.  Formerly, OSHA rules permitted drug testing only where...

Employers enter into agreements with employees to settle threatened claims or litigation, and to resolve any potential claims, such as at the time of a layoff or discharge. The primary goal of these agreements is to resolve active disputes or potential claims.  ...

This fall, the California legislature responded to the #MeToo movement in a significant way.  One bill, SB 1343, affects nearly every employer in California.  Prior to SB 1343, only employers with 50 or more employees were required to provide sexual harassment and...

Employers and the public understandably focus on workplace harassment claims arising from co-workers’ or supervisors’ conduct.  However, an employer also may incur liability for unlawful workplace harassment perpetrated by an outsider, such as a customer or vendor. ...

Under California law, all earned wages are the employee's property, so employers may make deductions from employees' wages only under certain circumstances. Improper deductions can lead to claims for underpayment, which can result in steep penalties, including...

Several new employment laws taking effect on January 1, 2019, require employers to change policies, forms, and procedures. Below is a non-exhaustive summary of key changes that will affect training programs, employee handbooks and policies, employment documents,...

Recently, the United States Department of Labor (DOL) issued new Family and Medical Leave Act (FMLA) forms.  Under the FMLA, employees who meet certain eligibility requirements generally may take up to 12 weeks of leave annually for reasons related to their own...

The California Supreme Court issued several decisions during the past year that may affect California employers.  We summarize them below. Alvarado v. Dart Container Corp. of California (Dart) (March 5, 2018) Alvarado initiated a class action against Dart, claiming...

According to the federal Equal Employment Opportunity Commission, sexual harassment claims have increased by more than 50 percent in fiscal year 2018. Increased awareness following the #MeToo movement, along with courts’ and agencies’ lower standards for what...