Publications

DRAFTING LAWFUL VACATION POLICIES

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | November 7, 2017

California employers do not have to offer employees vacation, or “PTO” (paid time off).  Many employers choose to do so, because time away from work not only benefits employees, but also can improve productivity, inspire loyalty, and reduce “burn-out.” Once employers...

FIRING EMPLOYEES WHO SPEAK OUT

By Jennifer Brown Shaw and Justin R. Paddock | The Daily Recorder | October 24, 2017

Social media outlets like Facebook and Twitter have made it easier years for employees to speak publicly to broad audiences.  Recent data indicates over three-quarters of American employees access one or more forms of social media.   Employers may be wary of their...

“HOSTILE ENVIRONMENT” CREATED BY EMPLOYER’S RESPONSE?

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | October 12, 2017

State and federal laws require employers to take appropriate steps to prevent and correct discrimination and harassment.  Harassment is unwelcome conduct based on a protected characteristic, such as age, disability, race, religion, or sex.  Harassment is unlawful if...

NEW ‘NATIONAL ORIGIN’ DISCRIMINATION REGULATIONS

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | September 13, 2017

Discriminating against job applicants or employees based on national origin has long been unlawful under both federal and California law. The term “national origin” is not limited to one’s country of birth. But what other characteristics are included within the term?...

2017 CALIFORNIA SUPREME COURT ROUNDUP

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | August 30, 2017

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 preview...

HANDLING A VISIT FROM THE LABOR COMMISSIONER

By Jennifer Brown Shaw | California Employer Update | July 31, 2017

It’s Monday morning. You’ve just settled in when your assistant tells you a representative from the Labor Commissioner’s Office is here to speak with you. What do you do? Panic and run!  The best answer is C.Chase him out of the building, shouting that he’s not...

2017 CALIFORNIA SUPREME COURT ROUNDUP

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | August 15, 2017

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...

CONSIDERING JOB APPLICANTS’ CRIMINAL HISTORIES

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | July 18, 2017

It may seem as though employers may choose to hire employees who lack criminal histories, particularly in jobs requiring honesty or good judgment. But the government has become increasingly hostile to that notion.  A growing number of federal, state, and local laws...

EMPLOYMENT LAW AND ARBITRATION AGREEMENTS

By Jennifer Brown Shaw and D. Gregory Valenza | The Daily Recorder | July 6, 2017

Businesses seek certainty so they may manage their workforces and liability risks. These goals continue to be elusive when it comes to arbitration of employment disputes. Employers frequently must revise arbitration programs to comply with new laws and court...

FIRING EMPLOYEES FOR SOCIAL MEDIA POSTS

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | June 21, 2017

Social media has blurred the line between work and home lives.  People tell the world what they used to keep to themselves or share only with friends or family. Employees use Facebook, Twitter, Reddit, and more to air opinions about managers, working conditions, and...

WORKPLACE HARASSMENT GUIDE FOR EMPLOYERS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | June 6, 2017

California lawmakers and regulators in recent years have provided specific direction to employers about how to prevent and correct workplace harassment. For example, in 2016, the California Fair Employment and Housing Council (“FEHC”) issued regulations addressing...

EMPLOYEES’ “DAY OF REST” DEFINED

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | May 23, 2017

For how many consecutive days may an employer require an employee to work?  Given the maze that is California employment law, one might think the answer to that question was settled long ago.  But no. The California Supreme Court only recently deciphered the meaning...

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