How employers will need to defend California employment lawsuits, Labor Commissioner actions and even arbitrations must evolve come the New Year due to changes in the law that become effective January 1, 2021. In this post, I identify and explain five important developments that businesses and their employment defense counsel need to be aware of
Retaliation
Employees who are Crime Victims Gain New Protections Under Bill Approved by Governor Newsom
Employees who suffer physical or mental injury due to a crime will be entitled to job-protected leave and other protections from their employers under legislation signed this week by Governor Gavin Newsom. Employers will bear such obligations without confirmation from law enforcement that a crime occurred and where no one is arrested or prosecuted.…
New Obligations Coming for California Employers to Report Potential COVID-19 Exposure
Effective January 1, 2021, California employers must report to their workforces instances in which employees may have been exposed to COVID-19 and to local public health departments any “outbreak” of three or more employees having COVID-19. The requirements are extensive and the potential liability for violations is great. Employers should begin to prepare early to…
Hiring During the Pandemic: Employers Must Plan Defensively
In meaningful numbers, employers across the U.S. who are rebuilding their workforces are being sued by employees not recalled from COVID furloughs and applicants not hired. Last week, I posted an Alert describing the risks to employers nationally of such litigation and giving recommendations on hiring up defensively. California employers, in particular, may be at…
Whistleblower Protections: Don’t Fire the Messenger!
One of the hottest issues in employment law is Whistleblowing.
- Did you ever wonder why the President can fire people who testify against him, but a California employer would be sued in a hot minute for doing so?
- Or why certain high profile figures can be “handsy” or “flirty” (or way more) and get away
…
Eight Steps to Avoid Getting Sued Over Your Investigation
Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims. Consider, for example, Viana v. FedEx Corporate Services, an unpublished Ninth Circuit opinion issued on March 22, 2018. The appellate panel in that case…
9th Circuit Lets Employee Sue Employer’s Lawyer for Retaliation
There’s a saying that “Bad facts make bad law.” At least that’s the way I was taught it. A different version: “Hard cases make bad law” has its own Wikipedia entry. While the wording is different, the meaning is the same. When the facts are extreme, they serve as a poor basis for defining…
Six Trends in U.S. Employment Law
I was recently invited to contribute a chapter on employment law to the 2017 Israel Desk International Legal Guide. As more and more Israeli companies bring their operations to the U.S., they learn firsthand the intricacies of our employment laws. The chapter outlines six trends that I suggested that they pay attention to. They include…
10 Things That the EEOC’s New Retaliation Guidance Considers “Protected Activity”
The Equal Employment Opportunity Commission issued its new “Enforcement Guidance on Retaliation and Related Issues” on On August 25, 2016. Careful readers will be able to deduce from the section titled “Expansive Definition” that the EEOC uses an expansive definition of what constitutes protected activity. This activity is “protected” in the sense that…
No Fooling: Stronger Anti-Harassment Regulations Take Effect in California on April 1st
With minimal public commentary, the Department of Fair Employment and Housing has passed new regulations broadening and strengthening the Fair Employment and Housing Act. While it’s too late to (officially) complain about them, here’s why you should care:
A) The new regulations significantly expand who is protected under FEHA.
First, the definition of “employer” is…