Human Trafficking Training Required by End of 2019

By year end of 2019, California hotel and motel employers must train all of their employees about human trafficking – to raise awareness, teach employees how to spot victims, and provide guidance on what to do to help. As we pointed out in our January 2019 blog about…

Heads Up — July 1 Minimum Wage Increases

If you do business in any of the cities below, be sure that as of July 1, 2019, you began paying any minimum wage employees at the current increased rates. If you use a payroll service, they likely notified you and took care of it.  But if you…

Independent Contractors Remain Dangerous for California Employers

As we blogged about last year here, in May 2018 the California Supreme Court issued a landmark decision in Dynamex Operations West, Inc. v. Superior Court and dramatically changed the standard for determining whether California workers could be classified as employees or independent contractors.  One key question that the Dynamex…

Employers Can Use Anti-SLAAP Statute to Force Early Screening of Some Employee Claims

California’s anti-SLAPP statute — found in Code of Civil Procedure §425.16 — allows a defendant to request early judicial screening of a legal claim that targets that defendant’s protected free speech or petitioning activities.  Until yesterday, it has been an open question in California as to whether or…

California Bans Hairstyle Discrimination

On July 3, 2019, California Governor Gavin Newsom signed SB 188 — also known as the CROWN Act — and made California the first state in the country to outlaw discrimination based on “natural hair,” including afros, braids, twists, and locks. CROWN stands for Creating a Respectful and…

Clever Contract Language Cannot Defeat Labor Code 218.5’s Fee-Shifting Effect

Under existing California law, an employee who prevails on his/her claims against an employer for non-payment of wages is entitled to recover his/her attorneys’ fees in addition to the unpaid wages owed.  But the same is not true for an employer who prevails.  Under existing California law, an…

A New Approach to Employee Benefits?

Recruiting and retaining talent is a challenge for every employer, especially in the red-hot economy here in the Bay Area.  That’s why many employers are taking a fresh look at their employee benefits and asking, “Are these benefits really adding value?” A recent article in Forbes explains how “forward thinking”…

Have You Completed Your Mandatory Sexual Harassment Training?

As we blogged about previously, a new law came into effect January 1, 2019 requiring California employers with five or more employees to provide sexual harassment and abusive conduct prevention training for all employees by January 1, 2020.  Prior to this new law, only employers with 50 or…

SCOTUS Rules Employees Cannot Band Together in Class Arbitrations

In yet another split 5-4 decision, the U.S. Supreme Court ruled in Lamps Plus v. Varela that employees at a California business could not band together in a class-wide arbitration.  Instead, the Supreme Court ruled, each employee was required to proceed independently in an individual arbitration. The Supreme…

One Day, Two Opposite Results in Arbitration Cases

On the same day, two different California appellate courts reached opposite conclusions as to whether an employer’s arbitration agreement was enforceable or not. Subcontracting Concepts v. DeMelo — Arbitration Agreement Void and Unenforceable In one case, Subcontracting Concepts, LLC v. DeMelo, the Court found that the arbitration agreement was both…