As many business owners are aware, the California Supreme Court recently threw employers a serious curveball with respect to how employers must calculate overtime. Adding to the confusion, the Court stated employers should have been aware of this calculation method even though the same California Supreme Court declared it void over 20 years ago.
The EEOC shows no signs of slowing down when it comes to its strategic enforcement of federal workplace discrimination laws. Indeed, EEOC litigation picked up in the fiscal year ended September 30, 2018, and the agency just held a major public hearing in October to emphasize the attention its placing on workplace harassment.
The #MeToo movement has certainly had an impact on how employers do business in California. But even before this, California was long considered to be a trailblazer in the area of sexual harassment law. Indeed, California’s Fair Employment and Housing Act mirrors Title VII and employers in other states often look to sexual harassment cases…Details
California’s stringent laws against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees are well-known. Put simply, non-compete agreements and non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees may be enforced within limited circumstances.
For many businesses, intellectual property is the glue that holds the company together. These assets provide financial – and job – security for many. With this in mind it’s a wonder that so many companies do not have invention assignments in place.
On September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The proposed rule states that a separate entity will be considered a joint employer “only if the two employers share or codetermine the…Details
In order to attract the best and the brightest, many companies are offering exceptionally generous perks and benefits, often targeted toward working parents. With the option to spend time at home with your newborn an attractive lure, companies are pitching a range of paid leave options to new parents, including pay for bonding time, medical…Details
Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities. Indeed, failure to provide an accommodation is considered a form of disability discrimination and can open the business to potential legal claims. So how do you know when you need to provide such an accommodation?
As we have discussed at length in various blog posts (take a look here and here), maintaining employee handbooks is a critical necessity for businesses operating in the every-changing employment law environment of California. Preparing, maintaining, and updating a handbook that reflects the policies of your company and your operations takes time and expertise, and…Details
California just passed the California Consumer Privacy Act of 2018, expanding the data privacy rights of California residents in an unparalleled step. All employers should be aware of the Act and prepared to meet its requirements come January 1, 2020, the date it goes into effect. Put simply, the Act provides consumers who are defined…Details