Anyone who pays attention can tell you that California employment law changes constantly. So we’re continually updating Doing Business in California: A Guide for Employers. This 15-page guide provides clear summaries of California’s unique requirements for employers. You can download a PDF of the Guide here. If you subscribe to that whole “ounce of
New Requirements for California Settlement and Separation Agreements
A number of new requirements for California settlement and separation agreements took effect on January 1, 2019. Two of them stem from the #MeToo movement. These are:
- Assembly Bill (AB) 3109 prohibits language in contracts or settlement agreements that bars anyone from testifying in administrative, legislative or judicial proceedings concerning alleged criminal conduct or sexual
New Year, New Employment Issues
As the new year begins and I trade my ski boots for my office heels, I’m committed to getting organized for 2019. Specifically, I have compiled a list of issues to keep on my radar for the upcoming year, and I thought I would share them.
1) Keeping up with Local Developments- Though California municipalities,
New California Employment Laws for 2019
It’s that time of year again. Time for holiday parties, ugly sweaters, and summaries of legal developments.
The #MeToo movement has resulted in a slew of new bills addressing sexual harassment in the workplace. They include:
- Assembly Bill (AB) 3109 prohibits language in contracts or settlement agreements that bars anyone from testifying in administrative,
CA Enacts New Anti-Harassment Laws in Response to #MeToo Movement
No lazy Sunday for Governor Jerry Brown! Today he signed four new bills into law, taking major steps to combat sexual harassment in the wake of the #MeToo and #TimesUp movements. Here is a brief overview of the new laws and what they mean for California employers:
- Senate Bill 820 prohibits non-disclosure provisions in settlement
How to Avoid a Wage-and-Hour Class Action Lawsuit — Even in California
I was in court last week for a status conference in a wage-and-hour class action, and was talking to my opposing counsel, an active litigator in this arena. I asked him if the new California Supreme Court case rejecting the de minimis standard was going to be big business for him.
His candid response surprised
Reassessing the Pros and Cons of Workplace Arbitration
In Epic Systems v. Lewis, the U.S. Supreme Court recently approved the use of arbitration agreements that include class action waivers. So this seems an opportune time to reassess the pros and cons for employers of using mandatory workplace arbitration agreements.
The Pros
- There are no runaway, emotion-fueled jury verdicts. Arbitration awards can
How Far is Too Far? Sinclair Under Scrutiny for Employee Agreements
On Fox’s entertainment industry-focused Pay or Play blog, associate Laurie Baddon wrote a post covering recent reports on employment agreements signed by news anchors working at television stations owned by Sinclair Broadcast Group. Laurie breaks down the controversial elements of the agreements, and examines them in the context of California employment law.
To get a
Tip Pooling Updates
The Fair Labor Standards Act now permits back-of house employees to participate in mandatory tip pools, provided no tip credit is taken against minimum wage. The Consolidated Appropriations Act, 2018 budget bill effectively amends the FLSA to clarify two important points: back of house employees MAY participate in certain tip pools however supervisor/manager/owners MAY NOT
California Supreme Court Clarifies Overtime Calculation
Calculating the correct overtime pay rate in California has long been a complicated process. The basic overtime rate is defined as one and a half times an employee’s “regular rate” of pay. This purportedly “regular” figure may change from pay period to pay period when an employee earns shift differentials, different hourly rates for