When is Wearing “BLM” Insignia “Concerted Activity”?

by Jennifer Shaw and Melissa Whitehead | | February 26, 2023

Last week, the National Labor Relations Board ruled that Home Depot violated an employee’s rights under Section 7 of the National Labor Relations Act by requiring them to remove the “BLM” (the acronym for “Black Lives Matter”) insignia from their orange work apron....

Reasons Not to Hide Performance Terminations as Layoffs

by Jennifer Shaw and Melissa Whitehead | | February 20, 2024

All employers have been there. You decide to terminate an employee because of their poor job performance, but there is a problem. Maybe the supervisor has never addressed the performance issues.  Or, the manager never documented their discussions with the employee....

What’s New With California’s Pay Data Reporting Requirements?

by Jennifer Shaw and Melissa Whitehead | | February 14, 2024

Private employers of 100 or more employees and/or 100 or more workers hired through labor contractors must annually report pay, demographic, and other workforce data to the California Civil Rights Department (“CRD”). This year, those reports are due by May 8, 2024. On...

Form I-9 Best Practices

by Jennifer Shaw and Melissa Whitehead | | February 5, 2024

Employers use the form I-9 to verify the identity and legal authorization to work of all paid employees in the United States. Unfortunately, it is not always easy to properly and timely complete the I-9, and significant liability can result from getting it wrong. We...

A.B. 1076 Notice Deadline is Fast Approaching

by Jennifer Shaw and Melissa Whitehead | | January 29, 2024

Senate Bill 699 and Assembly Bill 1076 were effective on January 1, 2024, expanding the prohibition on non-compete agreements in the employment context and requiring employers to notify employees and former employees that any non-compete agreements to which they...

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