2018 Cal-Peculiarities

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Our readers may be interested in the latest developments concerning California’s sanctuary state laws, and their impact on California employers. Read on for a recent posting on our sister blog: BIG Immigration Law Blog.

Seyfarth Synopsis: The California Legislature, Governor Jerry Brown, and Attorney General Xavier Becerra have aggressively asserted the state’s rights under the U.S. Constitution and traditional …
Continue Reading From the Jails to the Streets, Courthouses and Worksites: California Takes on the Federal Immigration Police

Seyfarth Synopsis: As recent triple-digit temps have shown, California is still one of the hottest places to be—literally. Today’s post reminds all employers, especially with employees who work outdoors or in open-air environments, that OSHA, Cal-OSHA, and the California Labor Code all prescribe protections from the heat.

California rest and recovery breaks.

California employers must provide non-exempt employees with…
Continue Reading California is Hot: Avoiding Workplace Heat Illness

Seyfarth Synopsis: It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” Although courts have recognized the right of an employer to have legitimate work rules that prohibit alcohol use in the workplace, the line between having a protected disability and engaging …
Continue Reading Addressing Alcoholism in the California Workplace

Seyfarth Synopsis: Information is everywhere, especially in the workplace. But traditional means of securing and sharing data—which typically involve accessing password protected information from various sources—is inefficient, cumbersome, and risky. As old authentication methods are replaced with biometric and blockchain applications, companies will enjoy increased efficiency, security, and cost-savings. But they would be wise to prepare by first understanding the…
Continue Reading Biometrics & Blockchain in the Workplace: A Primer

Seyfarth Synopsis:  June 7, 2018, when the city’s new Paid Sick Leave rules take effect, marks the latest chapter in the City by the Bay’s long history of imposing local employment standards that exceed state requirements. Here’s what you need to know before this latest San Francisco peculiarity begins.

On May 7, 2018, after considering public input on proposed rules…
Continue Reading San Francisco-Peculiarities: Fog Lifts on City’s New Paid Sick Leave Rules

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: Given recent headlines, a storm could be brewing over the boundaries of the attorney-client privilege in some parts of the country. California employers can avoid this vortex, at least when dealing with their current and former employees. Both can be part of the “corporate client” for purposes of attorney-client privilege, so long as communications with counsel meet a …
Continue Reading Who Are My Clients? Avoiding Stormy Privilege Issues With California Employees

On April 30, 2018, the California Supreme Court issued a long-awaited opinion in which it considered which test should be used to decide whether a worker asserting claims under a California Wage Order is an employee or an independent contractor.  The following Seyfarth One Minute Memo summarizes the case and what it means for employers.

Seyfarth Synopsis: The California Supreme …
Continue Reading California Supremes Prescribe “ABC” Test for Independent Contractor Status

Seyfarth Synopsis: California is rife with regulation of how employers may obtain and consider background check information for use in hiring and personnel decisions. The relatively new California ban-the-box law (effective January 1, 2018) and the older Los Angeles and San Francisco ordinances and amendments to the California Labor Code set strict rules on when and how employers can consider …
Continue Reading California Employers: Beware the Background Check Bugaboos

Seyfarth Synopsis: Workplace violence is a major concern that can take the form of intimidation, threats, and even homicide. But fret not: California employers can arm themselves with restraining orders, to prevent a modern version of the “Fight Club” at work.

Rule Number 1: If There’s a Workplace Violence Threat, DO Talk About It—In Court

Being at work…
Continue Reading Fight Club Rules: Using Restraining Orders to Prevent Workplace Violence