Seyfarth Synopsis: Every year California enacts a host of new laws that mean even the most diligent employers need to give their handbooks and policies a review and make sure they are up to date with the latest developments. Seyfarth has a few tips for making sure your handbook in the New Year stays compliant all year long (or atContinue Reading New Year’s Resolution: Update Your Employee Handbook
Fair Employment and Housing Act
Updated DFEH Guidance on Mandatory COVID-19 Vaccination Policies
Seyfarth Synopsis: On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) provided some much needed clarity in its updated COVID-19 Related Guidance. The Guidance answers many pressing questions for employers regarding COVID-19, including the all-important question: Can employers mandate their employees to get a vaccine?
In short, yes, California employers may require their employees to …
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California Employment Legislative Update: Time for Governor Newsom to Get to Work
Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of absence and COVID relief.
Monday, August 31st (or, really, the wee hours of September 1) marked the Legislature’s last day to pass bills to Governor…
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AB 51 Challenge: How Should California Employers Ring In The New Year?
Seyfarth Synopsis. As of January 1, 2020, AB 51 makes it unlawful for employers to impose arbitration agreements on employees as a condition of employment, even if employees are permitted to opt out. But will AB 51 withstand a legal challenge saying that AB 51 is preempted by the Federal Arbitration Act? While courts ponder that question, California employers must …
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Zombie Apocalypse? Another (Unconstitutional?) California Assault on Arbitration
Seyfarth Synopsis. On Thursday, September 5, 2019, the Legislature passed AB 51. This bill would ban mandatory arbitration agreements with respect to claims under the Labor Code and the Fair Employment and Housing Act while simultaneously disclaiming any intent to invalidate any agreement protected by the Federal Arbitration Act. Is this bill California’s latest clever—but predictably unsuccessful—effort to discriminate against …
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Five Interview Question Don’ts for California Employers in 2019
Seyfarth Synopsis: Recent California legislation, including laws banning questions about salary history and criminal convictions, has bought new interview jitters for employers. These new laws, along with the Fair Employment and Housing Act’s prohibitions against questions going to an applicant’s protected status, confirms the point that there is such a thing as a “bad interview question.” In this ever-changing …
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Treating Employees To Halloween Fun Can Be Tricky
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…
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DFEH Reports Age Discrimination And Retaliation Claims On the Rise
Seyfarth Synopsis: The California Department of Fair Employment and Housing issues a yearly report describing its complaint and litigation trends. Below is the Reader’s Digest™ version.
The DFEH recently issued its 2017 Annual Report covering its fifth year in active litigation. In 2013, the California Legislature authorized the DFEH to file lawsuits under the Fair Employment and Housing…
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Is California’s Latest Assault on Arbitration Constitutional?
Seyfarth Synopsis. Pending California legislation would make a mandatory arbitration agreement an unlawful practice under the Fair Employment and Housing Act, and a crime. How could that be consistent with the Federal Arbitration Act?
Under current law, California businesses can insist that employees and contractors enter valid agreements to resolve disputes in front of a neutral arbitrator instead of a…
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A New Use of FEHA? Accessibility of On-Line Employment Applications
Please click on the below link for an interesting and timely article posted today on our sister blog, ADA Title III News & Insights:
Seyfarth Synopsis: Plaintiffs who pursued web accessibility actions under Title III of the ADA are now using website accessibility to test the limits of a different area of law – employment law – California’s Fair Employment …
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