Seyfarth Synopsis: When must an employer provide leave time in addition to FMLA/CFRA-type leave as a reasonable accommodation? The answer to that question, as with many other leave-related questions, may depend on your location on the map.

Remember that early TV sitcom “Leave It To Beaver,” starring Jerry Mathers as the Beaver? “The Beave” constantly got into trouble
Continue Reading Leave It To California – Post FMLA/CFRA/PDL Leave and FEHA

Seyfarth Synopsis: From Mark Zuckerberg to the mayor of Stockton, the concept of Universal Basic Income is catching fire. What is this newfangled concept, and what can employers expect in the new emerging economy?

UBI – What Is It?

Universal Basic Income—“UBI”—is a form of social security, or a citizen’s stipend, to ensure everyone with a basic income from the
Continue Reading Robots Are Taking Our Jobs! UBI and the Future Workplace

Seyfarth Synopsis: The California Supreme Court heard oral arguments yesterday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an independent contractor or an employee. We expect the Supreme Court’s opinion will be significant for any entity using independent contractors in California.

The Story Thus Far

As
Continue Reading California Supreme Court Hears Oral Argument to Define “Independent Contractor”

Seyfarth Synopsis: The Fair Employment and Housing Council issues regulations to implement California’s employment and housing anti-discrimination laws, including the FEHA, the CFRA, and the Unruh and Ralph Civil Rights Acts. The FEHC also conducts inquiries and holds hearings on various civil rights issues. The latest FEHC meeting was held on December 11, 2017. Our own correspondent was there, and
Continue Reading Our Ear in the Crowd: FEHC Hears Comments on New Regulations

Seyfarth Synopsis: There are many different ways to pay employees in California. What is the scoop behind paying commissions? What are commission agreements and how have courts deciphered their coded mysteries? Read on for the most current intelligence from the SIA (Seyfarth Intelligence Agency).

Rogue Nation: The Rough Terrain Surrounding Commissions

What are commissions? Labor Code Section 204.1 defines a
Continue Reading ComMISSION Impossible: The Pitfalls of California Commission Agreements

Seyfarth Synopsis: Social media information—pictures, status updates, location markers, “likes,” groups, and associated friends, all from the owner’s perspective and documented in real time—can be a  goldmine of information to defend employment lawsuits. Read on for thoughts on how to extract and refine this information, and what limits to observe in using it.

Social media and discovery is an
Continue Reading What’s Not to Like? Using Social Media In Employment Litigation

Seyfarth Synopsis: Have you pondered the implications of hiring help around the house? Here are some legal requirements regarding employment of domestic helpers.

Household workers or “domestic helpers” are people who work within a private household or on their employer’s premises. They include cleaners, maids, groundskeepers, dog walkers, cooks, nurses, home masseuses, personal trainers, and nannies, and those holding
Continue Reading “Takin’ Care of Business” at Home: Hiring California Household Help

Seyfarth Synopsis: In leaves of absence, as in employment law generally, California can be peculiar. We examine at a few examples, including particular city ordinances in Emeryville and San Francisco, and other statewide oddities such as voting, organ/tissue donation, and reckless student leave.

In the weird, wonderful, and often complex world of California leave laws, there are many familiar
Continue Reading Ruff CA Leave Laws: Pet Care and Other Peculiarities