RECENT POSTS
Employers: Malicious Prosecution Claims Against Employees
Litigating wage and hour claims can be frustrating. Not only do employers have to incur legal expenses, they also have to sometimes defend inflated and inaccurate claims. California law offers defendants a mechanism for combatting
Prescription for Disaster: Wrongful Termination Post Medical Leave
Occasionally, we come across cases that clearly describe what employers should NOT do in the workplace – cases bound to cost a company big bucks because of bad decision-making or horrible policies. One recent example
California Employers, a Well-Rounded Time-Keeping Policy is No Longer Good Policy
Once in a while, the California Supreme Court makes a ruling which declares unlawful an employment practice previously perceived as lawful. Today, the California Supreme Court in Donohue v. AMN Services, LLC held that rounding
How Did I Not See This Coming? Retroactive Application of Dynamex
Today, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders. ABC Test Background In 2018, in notable Dynamex Operations West,
Top Employer Questions as We Round the Curve to the New Year
Welcome to the holiday season! Usually, this is the time we advise employers about holiday celebrations, provide warnings about serving alcohol during company parties, and field questions regarding employee time off requests. This year, the
Cal/OSHA’s New Employer Compliance re COVID-19
On November 30, 2020, California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency regulations to protect workers from COVID-19. The regulations require employers to develop an investigation, isolation, and notification plan in the event
SCOTUS: Employers May Not Penalize Employees for Sexual Orientation/Identity
In a 6-3 landmark decision by the United States Supreme Court, the Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act
Roadmap for Compliance: General and Industry-Specific Guidance for Reopening
We are now on the road to recovery – and the reopening of our businesses. Although most of us wish it were as easy as turning on a light switch, it will not be an
COVID-19: Return to Work Employer FAQs
Now that we have been sheltering in place for close to two months, most of us are eagerly waiting for life to return to “normal.” We all want our businesses to thrive and to become
Temporary Regulations to Implement the Families First Coronavirus Response Act
Updated April 13, 2020 On April 6, 2020, the U.S. Department of Labor (DOL) published temporary regulations implementing the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid leave requirements are described and interpreted in