By: Nicholas E. Ma The United States Court of Appeals for the Ninth Circuit recently confirmed in Tauscher v. Phoenix Board of Realtors, Inc. that while employers must engage in an “interactive process” with disabled employees to explore possible accommodations, there is no interactive process requirement for public accommodations and services. By the same token,… Continue Reading
Category Archives: Labor Law
Subscribe to Labor Law RSS FeedWill Assembly Bill 5 – and the Answer to the Question of … What Test Applies When Classifying Independent Contractors … Make it to the Governor’s Desk this Year?
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor LawIf you’re like me – and thousands of other attorneys, business owners, and individuals in California – you’ve probably been following the progress of Assembly Bill (“AB”) 5 and holding your breath and wondering with anticipation if Governor Newsom will sign the Bill if it makes it to his desk. As a reminder, AB 5… Continue Reading
The Request and Use of Background Checks by California Employers
Posted in Employee Privacy Rights, Labor LawBy: Shauna Correia and Nicholas Ma Many employers routinely conduct background checks of potential and current employees. It comes to no surprise that in the current digital age, employers can obtain extensive background information on applicants and employees quicker than ever from third party reporting companies. However, employers must remain vigilant to avoid receiving information… Continue Reading
Certain Delivery Drivers Are Exempt from the Federal Arbitration Act and May Proceed with Class Actions
Posted in Labor LawIn this age of expensive class-action litigation, many California companies have found solace in their arbitration agreements. Under certain circumstances, the enforcement of such agreements includes the dismissal of class action claims. This has largely been made possible by the Federal Arbitration Act (FAA) which requires judges to enforce a wide range of written… Continue Reading
New DFEH Notice and Certification Related to Medical Leaves and Parental Leaves under California Law
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsCalifornia employers covered by the California Family Rights Act (“CFRA”) and/or the California New Parent Leave Act (“NPLA”) should take note that California’s Department of Fair Employment and Housing (“DFEH”) has issued two new documents that are relevant to the administration of an employee’s leave under these laws. Family Care and Medical Leave and Pregnancy… Continue Reading
Do California Employers Have Any Scheduling Flexibility Options Left?
Posted in Labor Law, New Legislation and Regulations, Wage & HourScheduling employees is becoming more difficult for employers, and the State seems to be hurtling toward predictive scheduling laws. Last month, my partner Lukas Clary blogged about the recent California Supreme Court case, Ward v. Tilly’s, Inc., in which the Court ruled that “reporting time” pay is owed whenever an employee is required to “report”… Continue Reading
Employees Are Entitled to Reporting Time Pay if Required to Call In to Confirm Shifts
Posted in Employment Contracts and Agreements, Labor Law, Wage & HourFiguring out how many employees to schedule each day can be an inexact science. Unexpected surges or lulls in customers, employee absences due to illness or emergencies, and various other circumstances can impact personnel needs. Employers sometimes choose to navigate these situations by overscheduling and then cutting loose employees who are not ultimately needed. That… Continue Reading
Upcoming Seminar: Exempt Status – More Than Just a Salary
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourSummary of Program With the ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, the importance of correctly classifying employees as exempt or non-exempt is clear. This seminar is designed to help employers and HR… Continue Reading
Co-Worker Non-Solicitation Provisions in Jeopardy?
Posted in Employment Contracts and Agreements, Labor Law, Trade Secrets and CompetitionFor years, California courts have recognized the right of employers to use non-solicitation provisions in employment agreements to prevent employees from “soliciting” their coworkers to join them at a new employer. For instance, in 1985, a California appellate court in Loral Corp v. Moyes, 174 Cal.App.3d 268 (1985), held that a non-solicitation of fellow employees… Continue Reading
Upcoming Seminar: Independent Contractors v. Employees – Do Independent Contractors Still Exist?
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Uncategorized, Wage & HourSummary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong. In 2018,… Continue Reading
Neutral Solutions 2019: A New Year that Brings New Training Obligations
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and RegulationsWhile it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees. The attorneys in Weintraub Tobin’s Labor & Employment… Continue Reading
New Year, New Minimum Wage
Posted in Labor Law, New Legislation and Regulations, Wage & HourEffective January 1, 2019, California’s minimum wage rate increased to $12.00 per hour (from $11.00) for employers with 26 or more employees and $11.00 per hour (from $10.50) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers… Continue Reading
Brendan Begley Presenting at Employment Litigation 2019: Facing Workplace Realities in Divisive Times
Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourBrendan Begley spearheads the firm’s Appeals and Writs group and is a member of the firm’s labor and employment, litigation, and trust, probate and elder abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization. Brendan will be speaking at The Rutter Group and the… Continue Reading
Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit
Posted in Labor Law, Wage & HourOn December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v. AMN Services, LLC (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system. The case involved a class action and PAGA action brought by Ms. Donohue on behalf of nurse recruiters who… Continue Reading
Save the Date – Weintraub Tobin’s Employment Law Update 2019
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourTuesday, January 8, 2019 – Sacramento, CA Wednesday, January 23, 2019 – San Francisco, CA Additional information and details for each session will be available December 3, 2018. To reserve your space at one of these sessions, please email Ramona Carrillo at rcarrillo@weintraub.com.
Now Available! Weintraub Tobin’s 2019 Labor and Employment Seminar and Training Schedule
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & HourWeintraub Tobin’s 2019 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046 rcarrillo@weintraub.com
Mandatory AB 1825 Sexual Harassment Prevention Training and Supervisor Best Practices and Legal Compliance Training
Posted in Discrimination, Employee Privacy Rights, Harassment, Labor Law, New Legislation and Regulations, UncategorizedMandatory AB 1825 Sexual Harassment Prevention Training The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years. The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the… Continue Reading
Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & HourWell September 30, 2018 has come and gone. As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term. Out of the 21 employment-related bills I summarized in my September 19th article,… Continue Reading
Beth West Presenting at the Fall Family Forum for the Capital Region Business Center
Posted in Harassment, Labor Law, New Legislation and RegulationsBeth West presenting at the Fall Family Business Forum for the Capital Region Family Business Center on October 10, 2018. Beth will be discussing the “Me Too” Topic and how it impacts family business. For more information on this event, please visit: https://capfamilybus.org/events/fall-2018-family-business-forum/
To Be or Not to Be [a New Law]? Countdown on Governor Brown’s Review of California Employment-Related Bills
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationThe September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the more than 40 employment-related bills currently on the Governor’s desk. Employers are encouraged to stay tuned to see which bills become law… Continue Reading
Pay Correctly Now or Pay More Later: All You Need to Know About Wage and Hour Laws
Posted in Labor Law, New Legislation and Regulations, Wage & HourSummary of Program: Wage and hour lawsuits and claims filed with the Department of Labor and the California Labor Commissioner continue to plague California employers. Often employers are sued because of technical violations that occur simply because the employer is unaware of its legal obligations. Other times, employers make the mistake of treating an employee… Continue Reading
Good News Employers – There are Now Some Answers to Your Questions About the Recent Law Prohibiting Use of Prior Salary History
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourOn July 18, 2018, Governor Brown signed Assembly Bill (AB) 2282 which provides answers and clarifications to a number of questions employers had about the new law that went into effect in January 2018 (Assembly Bill 168 – codified in Labor Code section 432.3). Section 432.3 prohibits employers from relying on the salary history information… Continue Reading
California Law Now Provides an Express Statutory Privilege Against Defamation Claims by Those Accused of Sexual Harassment
Posted in Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationUnder California law, an aggrieved person can bring a claim for defamation if the person is the subject of a false and unprivileged statement that is injurious to his/her reputation. Defamation can take the form of libel or slander. (Ca. Civ. Code Sec. 44.) Specifically “libel” is defined as a false and unprivileged publication by… Continue Reading
NLRB Provides Guidance Regarding Permissible Policies – Are Your Policies Compliant?
Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationBack in December, Beth West informed our readers that the NLRB had issued new (and more realistic) guidelines for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”). As a reminder, the NLRB issued a new two-prong test for determining if facially neutral employment policies could interfere with the exercise of… Continue Reading
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