Seyfarth Synopsis: Though the election is over, politics continue to boil watercoolers in workplaces across California. So while employers presumably know that they must provide employees with time off to vote—we hope!—they also must recognize that their employees’ political rights are not confined to the polling place.
Employees Have a Broad Right To Engage in Political Activities
A peculiar California
Continue Reading The Perils of Politics in the California Workplace
Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v. Superior Court, and Troester v. Starbucks Corp.—all of which deviated from federal or common law norms to create more new cal-peculiar law that is friendly
Continue Reading Oh, the Places the California Supremes Will Go!
Seyfarth Synopsis: For certain employment-related contracts, California legislation effective January 1, 2019, will limit efforts to prevent disclosure of information relating to claims of unlawful acts and sexual harassment in the workplace. Read on for the devilish details.
California employers will soon have to heed a new crop of laws, born of the #MeToo movement, which will limit the terms
Continue Reading California Responds to #MeToo: Three New Laws Limit Contractual Confidentiality
Seyfarth Synopsis: Effective January 1, 2019, California’s minimum hourly wage goes up to $12.00 for large employers, and many local minimum wages will go higher still. Don’t forget that the statewide change will affect salary thresholds for white collar exemptions, as well.
Effective January 1, as New Year’s bells toll, California’s minimum hourly wage will increase to $12.00 for employers
Continue Reading This New Year, Raise Your Glasses And the Minimum Wage
Seyfarth Synopsis: Members of the plaintiffs’ bar submit about 500 PAGA notices each month to California’s Labor and Workforce Development Agency. Each notice presages yet another PAGA lawsuit against yet another hapless California employer. But today we consider a new sort of PAGA-focused lawsuit. This recent complaint filed last week is not on behalf of a California law enforcement agency
Continue Reading Man Bites Dog: This PAGA Lawsuit Is Different
We’re pleased to cross-post a piece by our sister blog, Trading Secrets, regarding California’s peculiar take on employee non-solicitation provisions.
On November 1, 2018, the California Court of Appeal, Fourth Appellate District affirmed a trial court’s ruling in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. et al., No. D071924, 2018 WL 5669154 (Cal. App. 2018), which (1)
Continue Reading California Appellate Panel Affirms Injunction Blocking Use of Employee Non-Solicitation Provision in Dispute Between Travel Nurse Providers
Seyfarth Synopsis: While Mr. Sinatra could get away with doing things his way, California law requires that employers provide employees facing the final curtain with specific paperwork and a check on their final day. Although these various items may seem simple, failure to correctly provide them can lead to more than a few regrets for employers.
On an employee’s last
Continue Reading When The End Is Near for Departing Employees, Don’t Do It Your Way
Seyfarth Synopsis: AB 1654 provides a PAGA exemption for certain employees covered by a collective bargaining agreement. While AB 1654 is limited to the construction industry, its underlying rationale applies much more broadly, and may augur further thoughtful restrictions on PAGA’s broad scope.
California’s Private Attorneys General Act, imposing draconian penalties for even relatively trivial Labor Code violations, remains the
Continue Reading Constructive Solution for PAGA? CBA Waivers for Construction Employers
Seyfarth Synopsis: Halloween is lurking just around the corner, and workplace festivities may present unusual challenges. Unsafe or offensive costumes, religious discrimination, and harassment are among the issues potentially facing employers around this time of year. Here are some tips to avoid the tricks and enjoy the treats.
Exorcise Your Right to Have Fun
It’s not uncommon to allow employees
Continue Reading Treating Employees To Halloween Fun Can Be Tricky
Seyfarth Synopsis: When confronted with a lawsuit naming an individual employee as a defendant, should California employers run from the employee or provide a defense? The duty to indemnify employees often leaves employers in a pickle, particularly as to allegations of sexual harassment.
This scenario has haunted many California companies: an employee sues the company for sexual harassment and also
Continue Reading A California Pickle: Should Employers Defend Alleged Harassers?