Seyfarth Synopsis: Labor Day sales may be over, but some savvy California employers might still find a great deal. That’s because not all land inside California’s borders is actually within the legal jurisdiction of California. Rather, some areas are federal enclaves—territory California has ceded to the federal government and in which federal law largely applies. California employers operating within these
Continue Reading Federal Enclaves: Islands Amidst a Sea of Cal-Peculiarities

Seyfarth Synopsis: While California courts have created annoying doctrines with respect to vacation pay, it remains the case that vacation pay is a matter of contract and that employers can avoid many problems with careful drafting of the vacation plan.

As we anticipate Labor Day weekend, note this mid-summer treat from the California Court of Appeal: its decision in
Continue Reading Put It In Writing: Policy Controls When Vacation Accrual Begins

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’  expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free work environment, not to mention the employer’s interest in maintaining productivity and avoiding adverse publicity. Here are some guiding principles.

“How’s work?” A common question, whether at a party, catching
Continue Reading Not Just Sticks and Stones: When Should Employers Step In?

Seyfarth Synopsis: California courts are often hostile towards defendants that seek to require litigious employees to honor their arbitration agreements. The defendant’s plight might seem more stark still if the defendant has not itself signed the agreement. But defendant employers still have means of enforcing such agreements, which can be especially significant in class actions claiming joint employment. 

Despite the
Continue Reading No Signature? No Problem! Enforcing Arbitration Even Without Everyone Signing

Seyfarth Synopsis: The Trump Administration’s hard line on immigration has concerned undocumented immigrants who want to raise wage claims. The LWDA recently reaffirmed a commitment to protect workers regardless of their immigration status.

California has noticed the Trump Administration’s immigration initiatives. Here, as elsewhere, California charts its own path. The state’s labor law enforcement officials worry that the immigration
Continue Reading LWDA Reaffirms That California Protects Undocumented Workers

Seyfarth Synopsis: The DLSE enforces California labor laws. In two recent enforcement actions, the DLSE collectively recovered over one million dollars, so California employers should read on to find out more about this robust administrative agency.

What Is The DLSE And Why Should Employers Care?

The California Division of Labor Standards Enforcement (aka the DLSE or the Labor Commissioner’s
Continue Reading What’s Up With The DLSE? Latest Enforcement Actions

Seyfarth Synopsis:  As if high rent and California’s peculiar laws were not enough to worry about, San Francisco employers must also comply with City-specific ordinances. Trailblazing City requirements often exceed state laws and have sometimes been harbingers of state-level enactments. One might say that San Francisco, with its distinctive laws, is to California what California is to the rest of
Continue Reading San Francisco-Peculiarities: The City’s Ultra-Unique Employment Landscape

Seyfarth Synopsis: On July 17, 2017, the California Fair Employment and Housing Council (FEHC) heard public comments on its proposed regulations covering national origin discrimination under the FEHA. Discussion centered on employer-imposed language restrictions, English proficiency requirements, and immigration-related employment practices. Look for final regulations later this year. 

The FEHC kicked off its third meeting of the year, this time
Continue Reading New National Origin Discrimination Regs: FEHC Hears Public Comments

Voting is open for the American Bar Association’s annual 100 Best Legal Blawgs competition, though this year the contest is a “Web 100” and will include websites and social media along with legal blogs. We hope you will cast your vote today to help Seyfarth’s California Peculiarities Employment Law Blog get on the ABA’s list for 2017.

In most of
Continue Reading California Peculiarities Employment Law Readers: Cast Your Vote in the ABA’s Web 100 Competition!

Seyfarth Synopsis: Although there’s no right or wrong time to do a handbook update, we recommend them annually. Might as well take the opportunity when operations are typically slower, summertime, to give your handbook a shine. We’ve highlighted a few areas upon which to focus when you do so.

Ah, the joys of summer. Maybe it’s the heat, but everything
Continue Reading Need Cool Relief From Summer Heat? Try a Refreshing Handbook Update!