Employment Law Alerts

The NLRB Pendulum Is About to Swing

Posted on October 11, 2017 at 9:50 AM

Topics: 2017, National Labor Relations Board

With recent Senate confirmations of the Trump Administration’s nominees to the National Labor Relations Board, the Board will have a Republican majority for the first time in over a decade. And when the nominee for General Counsel is confirmed, the table will be set for the Board to overturn a number of cases and rules that were decided and implemented during the Obama Administration, when the Board issued a string of union- and employee-friendly rules and decisions.

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Top Employment Law Trends to Watch as 2017 Winds Down

Posted on September 18, 2017 at 5:35 AM

Topics: 2017, Legislative Developments, Equal Pay, Independent Contractors and Gig Economy

This year has brought a variety of new challenges and obligations for employers in California and across the nation. Now, as summer fades and the fourth quarter of the business year begins, employers should take stock of the following employment law trends as they wind down 2017 and prepare for the year ahead. 

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San Francisco’s New Lactation Accommodation Ordinance Arrives January 1, 2018

Posted on August 7, 2017 at 9:00 AM

Topics: 2017, Discrimination and Harassment, Employee Handbooks, Legislative Developments

On January 1, 2018, San Francisco’s “Lactation in the Workplace” Ordinance will increase protections for nursing mothers in San Francisco. The law is the latest in a series of parent-friendly legislation rolled out by the City over the past few years.

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New Workplace Notice Regarding Rights for Victims of Domestic Violence, Sexual Assault and Stalking

Posted on July 14, 2017 at 9:00 AM

Topics: 2017, Leaves of Absence and Disability Accommodation

The California Labor Commissioner has released a new notice regarding rights under Labor Code sections 230.1 and 230 for victims of domestic violence, sexual assault and stalking. Employers must immediately begin providing the notice to new hires, and to other employees on request. Employers can develop their own notice so long as it is substantially similar in form and content to the Labor Commissioner version. The notice is required under A.B. 2337, which was signed by the Governor last fall. 

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New California Transgender Regulations Coming July 1, 2017

Posted on June 20, 2017 at 9:00 AM

Topics: 2017, Discrimination and Harassment

The California Fair Employment and Housing Council (FEHC) has adopted new regulations relating to gender identity and expression which take effect on July 1, 2017. These regulations are the latest step in an ongoing effort to broaden applicability of the Fair Employment and Housing Act (FEHA) and, as a result, place tighter restrictions on employers’ consideration of gender when making employment decisions.

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New California Criminal History Regulations Coming July 1

Posted on June 13, 2017 at 9:00 AM

Topics: 2017, Background Checks and Privacy

The California Fair Employment and Housing Council (FEHC) has finalized new regulations  under the Fair Employment and Housing Act imposing significant limitations on California employers’ consideration of criminal history information when making hiring, promotion, and other employment decisions. The rules, which borrow heavily from existing EEOC guidelines, go into effect on July 1, 2017.

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California Supreme Court's "Day of Rest" Ruling Gives Relief to Employers

Posted on May 19, 2017 at 9:00 AM

Topics: 2017, Wage and Hour

The California Supreme Court has clarified a major point of ambiguity for employers by unanimously holding in Mendoza v. Nordstrom, Inc., SC S224611 (May 8, 2017), that California’s law requiring “one day’s rest” in seven looks only at the employer’s defined workweek and is not applied on a rolling basis to any seven-day consecutive period. This decision provides employers with more scheduling flexibility, as well as a compliance roadmap to California’s “day of rest” laws.

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Workplace Bills Under Consideration in California Legislature

Posted on April 12, 2017 at 9:00 AM

Topics: 2017, Legislative Developments

The California legislature is in session, and a large slate of employment-related bills has been introduced, touching on everything from fair pay, family leave, workplace safety, wage and hour, predictive scheduling, and more. While a lot could change as these bills make their way through the legislative process, here’s a look at some of the more notable measures under consideration, organized by bill number.

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Compliance Steps Under San Jose's "Opportunity to Work Ordinance"

Posted on March 30, 2017 at 9:00 AM

Topics: 2017, Wage and Hour

The City of San Jose’s new Opportunity to Work Ordinance (Measure E) took effect on March 13, 2017. The Ordinance requires employers with 36 or more employees to offer additional work hours to existing qualified part-time employees (non-exempt) before hiring new staff, although employers do not have to offer hours that would result in overtime or another premium rate. (See our January 6, 2017 Alert for more information on the Ordinance.)

The City’s Office of Equality Assurance (OEA), which enforces the Ordinance, has released Suggested Steps for Employers, which recommends a three-step process for compliance, including: 1) identifying the need for additional hours; 2) creating a process and timeline for offering additional hours opportunities; and 3) determining how to distribute the hours. Here are the details of the City’s recommendations:

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Employees Paid on Commission Are Entitled to Separate Compensation for Rest Periods

Posted on March 14, 2017 at 9:00 AM

Topics: 2017, Wage and Hour

In Vaquero v. Stoneledge Furniture LLC, B269657 (Feb. 28, 2017), a California Court of Appeals has ruled that employers must separately compensate commissioned employees for rest breaks. Here is an overview of the case and considerations for employers in light of this new decision.

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