Seyfarth Synopsis: California has long prohibited sexual harassment in various types of relationships, including employment relationships, and in other professional and business relationships which have elements of power imbalance. Although the right to sue for sexual harassment in business and professional relationships has been part of the fabric of California law for decades, in recent years, the legislature has taken
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Nicole Baarts
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Seyfarth Synopsis: California Labor Code § 221 states it is “unlawful for any employer to collect or receive from an employee any part of wages … paid … to said employee.” In other words, employers cannot just take money back to correct an overpayment of wages. But what if you discover you’ve accidentally overpaid an employee?
It’s not a back…
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“Office” Violence Is No Laughing Matter
Seyfarth Synopsis: Workplace violence is no laughing matter. Although California law arms employers with strict laws to prevent workplace violence, no one wants to find themselves petitioning a court for emergency injunctive relief. Instead, employers should foster healthy workplaces and monitor early warning signs in order to address threats of violence before it is too late.
“If I had a …
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A New Year, A New Wellness Program
Seyfarth Synopsis: New Year’s resolutions typically address health and well-being. Many among us have resolved this year to get off the couch, to sweat a bit more often to the “oldies,” to meditate and be mindful, and to eat less cake and fewer tacos. And so one might think that courts would endorse the EEOC’s approval of employer-sponsored wellness …
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No Summer Break for Employers: New Duties Start July 2017
Seyfarth Synopsis: Just when you thought it was safe to relax for the summer, California is giving employers four new reasons to keep on their toes. Laws going into effect on July 1, 2017, will address (1) domestic violence, (2) the minimum wage, (3) criminal background checks, and (4) transgender rights.
Notice Posting and Leave for Domestic Violence Issues…
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2016 California Labor and Employment Legislation Update: It’s Final!
Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to address prior salary consideration; imposing new restrictions on background checks and gig economy workers; and more. Small employers will be relieved the Governor vetoed expanded unpaid …
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Barflies or Worker Bees: Alcohol at Work, What’s the Deal?
Seyfarth Synopsis: Is the glass half full (of perks) or half empty (with liabilities) for employers who serve alcohol in the workplace? Various California laws implicate the practice of providing alcohol for employees at work, and employers should consider whether the benefits to company culture justify the legal risks.
Many California workplaces try to make the office a “happy…
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Beware the Ides and Other March Madness
With the dust from Super Bowl and fantasy football pools barely settled, many employees throughout the Golden State will soon turn to their March Madness brackets. With all the chances to bet on sporting events, on the due date for a colleague’s baby, or on presidential primary results, one might think that friendly workplace wagers are as American, and as…
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Double-Bagged: Governor Signs Second Piece of Grocery Worker Retention Law
Yesterday, Governor Jerry Brown signed into law AB 897, a “clean up” bill he requested to address an omission in AB 359, which Governor Brown had signed into law on August 17, 2015. This legislation, effective January 1, 2016, will require a successor grocery employer to retain eligible workers for a 90-day transitional period and, upon completion of that…
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