Publications

PREPARING FOR I-9 AUDITS

By Jennifer Brown Shaw and Megan Donaghey | The Daily Recorder | September 23, 2019

News media recently highlighted workplace raids by Immigration and Customs Enforcement agents (ICE).  Employers should know, however, that workplace raids affect far fewer employers and employees than another of ICE’s compliance enforcement methods:  the Form I-9...

STATUS OF SALARY HISTORY RESTRICTIONS

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | September 10, 2019

Changing laws and new court decisions have made it difficult for employers to understand when it is lawful to rely on salary history to set compensation.  California passed a law in 2017, only to amend it a year later.  A federal appellate court issued a ruling...

CONDUCTING A HUMAN RESOURCES AUDIT

By Jennifer Brown Shaw and Alayna Schroeder | The Daily Recorder | August 26, 2019

Human resources professionals may shudder at the sound of an “audit.”  For starters, it is difficult to make available the time and personnel needed for day-to-day work. And what if the audit uncovers “bad news?” To answer the second question first, it is far better...

“HE-SAID, SHE-SAID” INVESTIGATIONS

By Jennifer Shaw and Lisa Buehler | The Daily Recorder | August 12, 2019

Employers must take both preventive and remedial action to stop unlawful discrimination, harassment, and retaliation at work.  An internal investigation is a critical tool to help fulfill these obligations.  The facts underlying workplace complaints are not always...

UNLIMITED PTO RISKS AND REWARDS

By Jennifer Brown Shaw and Julia Melnicoe-Insel | The Daily Recorder | June 28, 2019

Some California employers offer, or may be considering, “unlimited” paid time off plans (“unlimited PTO”) in lieu of traditional accrued vacation or PTO.  The perceived benefits to employers of unlimited PTO include reducing the burden of tracking accrual and usage,...

SCOTUS EMPLOYMENT LAW DECISIONS 2018-2019

By Jennifer Brown Shaw and Julia Melnicoe-Insel | The Daily Recorder | July 16, 2019

The United States Supreme Court issued several decisions during the past year that may affect California employers: Mount Lemmon Fire District v. Guido The federal Age Discrimination in Employment Act (“ADEA”) applies to private employers with 20 or more employees. ...

APPEALING A LABOR COMMISSIONER DECISION

By Jennifer Brown Shaw and Trish Higgins | The Daily Recorder | June 18, 2019

California employees may claim unpaid wages, unreimbursed expenses, penalties, and interest via administrative complaints filed with the Division of Labor Standards Enforcement (also known as the Labor Commissioner’s office). Claims not settled are resolved via an...

FEDERAL ARBITRATION ACT INAPPLICABLE SOMETIMES

By Jennifer Brown Shaw and Brooke Kozak | The Daily Recorder | June 4, 2019

The Federal Arbitration Act (“FAA”) evinces a national policy favoring arbitration.  The law provides for strong, uniform, and broad enforcement of arbitration agreements when it applies. It preempts state laws and court decisions that disfavor arbitration.  For...

INVESTIGATING CLAIMS INVOLVING FORMER EMPLOYEES

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | May 22, 2019

Employers’ obligations to investigate workplace-related claims do not end when the complainant or the accused no longer works for the business. Former employees’ complaints come to employers’ attention in different ways.  The employer may learn about a concern during...

REPORTING TIME AND OTHER SHIFT PAY ISSUES

By Jennifer Brown Shaw and Matthew J. Roberts | The Daily Recorder | May 7, 2019

Employers must pay workers for “reporting time” when employees call in to determine if they will be expected to work, according to the California Court of Appeal’s decision in Ward v. Tilly’s, Inc.  If the California Supreme Court denies Tilly’s pending petition for...

NEW HARASSMENT STANDARDS AND STRATEGIES

By Jennifer Shaw and Julia Melnicoe Insel | The Daily Recorder | April 24, 2019

Senate Bill 1300, enacted last year, is one of the California Legislature’s answer to the “Me Too” movement.  The law makes several changes to the law prohibiting harassment in the workplace.  These changes lower the standard required to prove unlawful harassment....

ADDRESSING EMPLOYEE GHOSTING

By Jennifer Shaw and Eric J. Glassman | The Daily Recorder | April 17, 2019

As the unemployment rate remains low, there may be more available jobs than qualified applicants to fill them. So, job-seekers are in high demand. One possible side effect of aggressive recruiting and rising wages is that employers are experiencing what is...

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