Under California law, employers are prohibited from making, adopting, or enforcing policies that prevent an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a local, state, or federal regulation to, among others, a government or law enforcement agency. The law also prohibits employers from retaliating against an employee who makes such a disclosure.Continue Reading CA Labor Commissioner Issues New Whistleblower Notice
Employee Privacy Rights
Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements
Section 7(a) of the NLRA Applies to More Than Just CBA Employees
In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These rights include the right to self-organize; join or assist labor organizations; cooperate in NLRB investigations; and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, including criticizing employer policies and discussing severance, wages and other terms and conditions of employment with co-workers and former co-workers.Continue Reading Impact of the NLRB’s McLaren Macomb Decision on Confidentiality and Non-Disparagement Provisions in Severance Agreements
No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks
A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated the Fair Credit Reporting Act (“FRCA”) by letting a non-attorney manager communicate with outside lawyers to ensure that its background checks were in compliance with the FRCA.
Continue Reading No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks
California Employment News: How to Comply With and Use Employee Record Requests to Your Advantage
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss steps that employers can take to comply with employee records requests, while also mitigating the risk of potential workplace violation claims.
Watch this episode on the Weintraub YouTube channel, here.
Listen to this podcast episode here.
Legislative Update: Don’t Toss those Personnel Records Just Yet
It’s October, and that means the 2020-2021 California legislative session has officially ended, and Governor Newsom has signed many new bills into law. As always, several of these new laws affect employers across the state. Over the next several days/weeks, our employment group will ensure that employers are informed and ready to implement the new laws as 2022 approaches.
Continue Reading Legislative Update: Don’t Toss those Personnel Records Just Yet