Labor & Employment

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AI is showing up in hiring, recruiting, performance management, and employee monitoring. While these tools promise efficiency, they can also create significant legal risk if they result in discriminatory outcomes. In this episode of California Employment News, Weintraub Tobin attorneys Jackie Simonovich and Lukas Clary discuss how employer use of AI can implicate Title VII, the ADA, and FEHA, and review key new California AI laws and deadlines.Continue Reading California Employment News: Navigating AI Compliance: Employer Best Practices Pt.1

Although allowing a budding chef to “stage” in a restaurant is a long-standing tradition, using an unpaid stage in California is recipe for a wage-and-hour claim.  In this article we explore how even a short shift creates long exposure for California restauranteurs. 

Allowing an individual to stage whether under the guise of a trial shift, working interview, or unpaid internship—raises acute wage-and-hour and liability concerns. In short, an unpaid stage is permissible in California only if the arrangement qualifies as a bona fide internship under the state’s stringent interpretation of the federal “primary beneficiary” framework, which California applies narrowly. To be lawful, the arrangement must primarily benefit the intern, not the restaurant. Continue Reading All Sizzle, No Safety Net: The Legal Risks of Restaurant Stages

New guidance from the U.S. Department of Labor is changing how employers should track FMLA leave tied to medical appointments. In this episode of California Employment News, Weintraub Tobin partners Lizbeth (Beth) V. West and Meagan Bainbridge break down the DOL’s recent opinion letter and provide a practical refresher on how to properly calculate and track FMLA leave in a variety of scenarios.

In this episode of California Employment News, Weintraub Tobin attorneys Lizbeth (Beth) V. West and Meagan Bainbridge discuss:Continue Reading California Employment News: Calculating and Tracking FMLA Leave Including Travel to Medical Appointments

In this episode of California Employment News, we break down AB 692, a law that places significant limits on so called “stay or pay” provisions in contracts between employers and workers in California. In this episode, Weintraub Tobin attorneys Shauna Correia, Chair of the Firm’s Labor and Employment group, and associate, John Slavik, cover this and more.Continue Reading California Employment News: California AB 692 Cuts Back “Stay or Pay” Contracts with Workers

While 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 Department have years of experience conducting energetic, compliant, and effective harassment prevention training for employers of all sizes and in all industries.  The Training Division of the Labor & Employment Department is headed up by Shareholder Beth West.  Feel free to reach out to her or Department assistant Ramona Carrillo if you are interested in scheduling training – we are available to discuss a training program that meets the specific needs of your workplace.
Continue Reading Neutral Services 2019: A New Year that Brings New Training Obligations