Seyfarth Synopsis: California Legislators sent Governor Jerry Brown 1,217 bills to consider in his final bill-signing period as Governor—more than any California governor has seen since 2004. The final tally: 1016 signed, 201 vetoed. Below is our full, final roundup of new laws that employers must comply with, bills that fell to the Governor’s veto pen, and bills that
Continue Reading CA Legislative Update: Governor Brown’s Job is Done
Not As You Wish: Wage Statement Law’s Pit of Despair
Seyfarth Synopsis: With the widespread use of direct deposit, the thought of an employee regularly reviewing wage statements may seem inconceivable. Still, employers must ensure that their wage statements strictly comply with California law, as even trivial, inadvertent failures to do so can lead to heavy penalties. We highlight here the information to include on wage statements while pointing
Continue Reading Not As You Wish: Wage Statement Law’s Pit of Despair
Not Just Sticks and Stones: When Should Employers Step In?
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?
California Supreme Court Set to Address Fate of Independent Contracting
Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, has agreed to address the legal standard for determining whether a worker classified as an independent contractor is really an employee. The Supreme Court’s opinion is expected to be significant for anyone thinking of using independent contractors in California.
The Future of Work: A Surging Demand for
Continue Reading California Supreme Court Set to Address Fate of Independent Contracting
FEHC Discusses Regs On Transgender Identity and National Origin Discrimination
Seyfarth Synopsis: On March 30, 2017, the California Fair Employment and Housing Council (“FEHC”) considered proposed regulations on transgender employees. The FEHC also discussed draft regulations on national origin discrimination in the workplace.
Transgender Identity. On March 30, 2017, the FEHC, convened in Sacramento for its second meeting of the year, voted unanimously to adopt proposed regulations on transgender identity
Continue Reading FEHC Discusses Regs On Transgender Identity and National Origin Discrimination
San Jose’s Opportunity to Work Ordinance: New Peculiarity for Employers
Seyfarth Synopsis: On November 8, 2016, San Jose voters approved the most recent local effort to dictate employment scheduling practices. Beginning in March 2017, San Jose employers must offer existing part-time employees additional work hours before hiring any temporary, part-time, or new worker. Violations of the ordinance can trigger city fines and private law suits.
Temporary, part-time, and
Continue Reading San Jose’s Opportunity to Work Ordinance: New Peculiarity for Employers
The Peculiar “Personnel-ity” of California Personnel File Inspection Laws
Seyfarth Synopsis: Within the last few years, the California Legislature has amended laws related to an employee’s right to inspect personnel records, intending to ensure employees have access to those records. Since then, employers have seen more such requests, claims made before the Labor Commissioner, and even lawsuits over production of personnel files. We offer here some tips on
Continue Reading The Peculiar “Personnel-ity” of California Personnel File Inspection Laws
What’s Not to Like? Using Social Media In Employment Litigation
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
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
Continue Reading 2016 California Labor and Employment Legislation Update: It’s Final!