Scholars Claim Best Work-From-Model is “Organized Hybrid”

In a recent Harvard Business Review article, Stanford Professor of Economics Nicholas Bloom and his co-authors argue that today’s work-from-home push is being hampered by a “major disconnect” between employees and management.  That disconnect centers around notions of productivity and attendance. With respect to productivity, for example, managers…

FTC Proposes Nationwide Ban on Non-Compete Clauses

On Thursday, January 5, the Federal Trade Commission (FTC) announced a new proposed rule that would ban employers nationwide from using non-compete clauses. These clauses, which are often inserted into employment agreements, typically prohibit the employee from leaving the employer’s business and, for a 1- or 2-year period,…

Are Layoffs Really the Answer? Research Says No

As employers across the country consider and implement layoffs, Harvard Business School Professor Sandra Sucher writes that “[R]esearch shows that layoffs continue to have detrimental long-term effects on individuals and companies.” In a recent Harvard Business Review article, Professor Sucher and her colleague, Dr. Marilyn Morgan Westner, explain how…

New Employment Laws Coming for California Employers

The following bills were recently signed into law by Governor Newsom.  California employers will need to be in compliance with each of these new laws on January 1, 2023 unless otherwise stated in the summaries below. AB 257 – improve working conditions and wages for fast-food employees AB…

Federal Court Rules that Gender Dysphoria is a Disability Protected the ADA

On August 16, 2022, the Fourth Circuit Court of Appeals ruled in Williams v. Kincaid that transgender people who experience gender dysphoria are protected from discrimination under the Americans with Disabilities Act (ADA). Gender dysphoria is a “discomfort or distress that is caused by a discrepancy between a…

New California Laws Require Training for Alcohol Servers

Two new California laws, AB 1221 and AB 82, require every server of alcohol and their managers to be trained in responsible alcohol service.  The new laws took effect on July 1, 2022 and require all existing alcohol servers to complete their training by August 31, 2022.  New…

U.S. Supreme Court Delivers Bombshell PAGA Ruling in Favor of Employers

On June 15, 2022, in a blockbuster case known as Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court finally answered a burning employment law issue here in California – whether California’s rule prohibiting the use of arbitration agreements to force an employee to waive her right…

CA Supreme Court: Meal/Rest Period “Premium Pay” Is Wages

On May 22, 2022, the California Supreme Court held in Naranjo v. Spectrum Security Services, Inc. that premium payments owed by an employer to a non-exempt employee for missed meal/rest periods are “wages” and not penalties.  Thus, when those premium payments are owed but not timely paid, the…

Employee Gets COVID at Work + Employee’s Family Members Then Get COVID = Family Members Can Sue You

Just when California employers thought things could not get any worse… In See’s Candies, Inc. v. Superior Court, the California Court of Appeal addressed the question of whether a family member of an employee who contracted COVID while at work can sue their family member’s employer for damages. …

#MeToo in 2022: New Restrictions on Employer Confidentiality Agreements

In 2018, in response to the #MeToo movement, California passed SB 820, the STAND (Stand Together Against Non-Disclosure) Act.  SB 820 prohibited using confidentiality provisions in settlement agreements in cases involving claims of sexual assault, sexual harassment, and workplace harassment or discrimination based on sex.  We blogged about…