Publications

INVESTIGATING PUBLIC EMPLOYEES’ PERSONAL ACCOUNTS

By Jennifer Brown Shaw and Eric Glassman | The Daily Recorder | April 11, 2017

The California Supreme Court recently issued a landmark decision, holding that a public employee’s written electronic communications via a personal account may be subject to a Public Records Act request. One of the interesting questions the decision raises relates to investigations of workplace misconduct: Can an investigator use a Public Records Act request to obtain communications made by public-sector witnesses on their personal devices? Subject to some significant limitations, it appears that the answer is “yes.”

WAGE VIOLATIONS AND PERSONAL LIABILITY

By Jennifer Brown Shaw and Michelle Goldberg | The Daily Recorder | March 28, 2017

When an employer does not pay an employee for work, the employer is liable for the unpaid wages. But a company’s owners, directors, officers, and managing agents may be personally liable for wage and hour violations as well. Lower-level managers and supervisors may also incur personal liability in some circumstances.

STATE AND LOCAL SICK LEAVE COMPLIANCE

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | March 13, 2017

Since 2015, almost all California employers have been obligated by state law to provide paid sick leave to their employees. However, many local governments within the state also require employers to provide sick leave—and the requirements are not always the same as...

“BAN THE BOX” TREND GROWING

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | February 28, 2017

In 2012, the Equal Employment Opportunity Commission (EEOC) issued guidance addressing the use of arrest and conviction records in employment decisions. At the time, only seven states had some restriction regulating how employers could use criminal history in employment decisions.

NEW RULES FOR REST BREAKS

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | February 6, 2017

The simple matter of providing workers with periodic rest breaks can be more tricky than it appears. California courts addressed two significant employee rest break issues in 2016:  (1) timing and (2) what is sufficient “rest” to be a legally compliant break....

REVISED EEO-1 INCLUDES PAY DATA

By Jennifer Brown Shaw and Michelle Goldberg | The Daily Recorder | January 20, 2017

The Equal Employment Opportunity Commission, or “EEOC,” requires covered employers to report employees’ race/ethnicity and gender using the Employer Information EEO-1 report.  Covered employers include most private sector employers with more than 100 employees, and...

NEW CALIFORNIA EMPLOYMENT LAWS FOR 2017 (PART 2)

By Jennifer Brown Shaw | The Daily Recorder | January 3, 2017

This article is Part 2 of a two-part series providing an overview of new federal and California employment laws. Unless otherwise noted, these laws will take effect on January 1, 2017. Paid Sick Leave for In-Home Supportive Services Employees – SB 3 Effective July 1,...

NEW CALIFORNIA EMPLOYMENT LAWS FOR 2017 (PART 1)

By Jennifer Brown Shaw and Paul M. Smith | The Daily Recorder | December 21, 2016

This article is Part 1 of a two-part series providing an overview of new federal and California employment laws. Several new laws taking effect in 2017 will affect how California employers do business. This two-part article summarizes key changes that employers can expect and suggests ways to comply. Unless otherwise noted, these laws will take effect on January 1, 2017.

PROHIBITING MARIJUANA IN THE MARKETPLACE

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | December 7, 2016

Proposition 64, also known as the Adult Use of Marijuana Act (“the Act”), passed on November 8, 2016. The Act represents a significant change to California law. Although the initiative expressly states it does not change employer’s rights and obligations to maintain a drug-free workplace, California employers should plan for reality: more employees may be under the influence of marijuana at work.

NEW PROTECTIONS FOR TRANSGENDER EMPLOYEES

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | November 24, 2016

The legal rights of transgender individuals in the workplace are evolving. California law has conferred upon transgender employees the right to be free of workplace harassment and discrimination for several yeas. Until recently, however, there has been little in the...

EEOC’S UPDATED RETALIATION GUIDANCE

By Jennifer Brown Shaw | The Daily Recorder | Oct 25, 2016

The Equal Employment Opportunity Commission, or “EEOC,” is the federal agency that enforces federal employment discrimination laws, including Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Equal Pay Act of 1963, and the Age Discrimination in Employment Act. These and other civil rights laws prohibit retaliation against workers for engaging in protected activity, such as filing a complaint with the agency or participating in an investigation.

APPLYING CALIFORNIA LAW TO EMPLOYMENT DISPUTES

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | Oct 12, 2016

It is no secret that hiring employees and conducting business in California involve more laws and rules than in other states. Multi-state employers often desire consistent personnel practices, or to mitigate some of the more restrictive elements of California employment law. To achieve these goals, employers may draft confidentiality, arbitration, or other agreements that include choice of law provisions and forum selection clauses.

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