Publications

U.S. DOL ISSUES NEW FMLA FORMS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | November 20, 2018

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...

2018 CALIFORNIA SUPREME COURT ROUNDUP

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | November 6, 2018

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...

ADDRESSING HARASSMENT AT WORK

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | October 25, 2018

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...

DOING BUSINESS IN SAN FRANCISCO – PART 2

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | October 9, 2018

This article is Part 2 of a two-part series providing an overview of laws affecting San Francisco employers. We continue our summary of San Francisco employment-related ordinances. Criminal History Information San Francisco’s “ban the box” ordinance imposes...

DOING BUSINESS IN SAN FRANCISCO – PART 1

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | September 25, 2018

This article is Part 1 of a two-part series providing an overview of laws affecting San Francisco employers. San Francisco.  The Bay’s cold waters and strong currents probably are easier to navigate than the local employment laws.  In this two-part article, we...

COMPENSATE EMPLOYEES FOR ALL HOURS WORKED

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | September 11, 2018

California employers must pay non-exempt employees at least minimum wage for all time they work on their employers’ behalf. The California Supreme Court recently decided that employers are obligated to pay workers for even small amounts of unrecorded work time. To...

SALARY HISTORY RESTRICTIONS

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | August 28, 2018

Some employers historically have set a new employee’s wages, at least in part, on the employee’s compensation at his or her previous employer. The rationale most likely is to set compensation high enough to create an incentive for the employee to accept employment,...

PROVIDING LAWFUL EMPLOYMENT REFERENCES

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | August 21, 2018

California law protects employers from lawsuits based on negative employment references given without malice. Therefore, employers lawfully may communicate with other employers about their current or former employees’ performance, reasons for separation, and more. To...

NLRB CHANGES POSITION ON HANDBOOKS

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | August 7, 2018

An employee handbook is an important and useful part of any business with employees. A well-drafted handbook sets the employer’s expectations, demonstrates the employer’s policies are legally compliant, provides needed information, and highlights positive employee...

2018 U.S. SUPREME COURT ROUNDUP (PART 2)

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | July 17, 2018

This article is Part 2 of a two-part series providing an overview of recent United States Supreme Court decisions in employment law.  We continue below with brief summaries of the U.S. Supreme Court’s key employment law opinions. We also preview the employment...

2018 U.S. SUPREME COURT ROUNDUP (PART 1)

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | July 3, 2018

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

SHOULD EMPLOYERS USE ARBITRATION AGREEMENTS?

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | June 19, 2018

The law is clear that employers and employees may agree to resolve employment-related disputes through an arbitrator, rather than in the courts.  The agreement details the process, such as which disputes are subject to arbitration, how to select the arbitrator, what...

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