Publications

EMPLOYEE COMPLAINTS OF CUSTOMER HARASSMENT

By Jennifer Brown Shaw and Eric J. Glassman | The Daily Recorder | December 20, 2018

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. ...

5 THINGS TO KNOW ABOUT WAGE DEDUCTIONS IN CALIFORNIA

By D. Gregory Valenza and Jennifer Shaw | Society for Human Resources Management (SHRM) | December 17, 2018

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...

CALIFORNIA EMPLOYERS SHOULD PREPARE FOR JANUARY 1 NOW

By Jennifer Brown Shaw and Vanessa Lemrond | The Daily Recorder | December 11, 2018

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,...

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...

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