The COVID-19 pandemic and its aftermath have created a whole new world of challenges for employers. Many companies are facing the necessity of cost-cutting and the inevitability of reducing their workforce. A recent article in Harvard Business Review suggests an alternative approach to cost-cutting, rather than the typical top-down approach. Authors Patrick Daoust and Paul… Read More
HR & Employment Law Blog
Employers, Beware: Right to Arbitrate can be Waived
Arbitration agreements that are well-drafted and “state-of-the-art” under current California law are key to ensuring that employment disputes will be resolved by final and binding arbitration. But a recent California Court of Appeal case – Fleming Distribution Co. v. Younan (Cal. Ct. App., May 15, 2020, No. A157038) 2020 WL 2511680 – is a cautionary… Read More
Re-Thinking Job Interviews
For the most part, job interviews are daunting for both the interviewer and the candidate. Each has only a limited amount of time to deliver their “pitch” and to make a positive, lasting first impression. It can be tricky on both sides to know how to make the most of the interview process. In a… Read More
A Successful Plaintiff Gets Attorneys’ Fees Calculated at $750/hour
In Caldera v. Department of Corrections and Rehabilitation, the California Court of Appeal was asked to determine the proper amount of attorneys’ fees that should be awarded to a disabled employee who won a $500,000 verdict at trial. The employee, Augustine Caldera, complained that his supervisors regularly harassed and mocked him because of his stutter…. Read More
The Essential Ingredient Now for Employers: Compassion
Many Bay Area counties have now extended the COVID-19 shelter-in-place order through May 31st. This new order affects employers and employees in Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties, as well as those in the city of Berkeley. The extension of the stay-at-home order will no doubt spark even more… Read More
“Remote Control”: Management Techniques for Virtual Work
The vast majority of companies are not accustomed to 100% remote work. But this is the indefinite reality many companies now face, due to the ongoing global COVID-19 health emergency. This new reality is posing abundant challenges to leaders who aim to continue supporting their teams as best they can. Our blog has previously covered… Read More
The DOL Announces New Guidance on COVID-19 Federal Paid Leave Laws
On April 20, 2020, the U.S. Department of Labor (“DOL”) announced that it was ending its temporary period of non-enforcement of the paid leave protections established by the Families First Coronavirus Response Act (“FFCRA”) and issued additional guidance regarding the operation of the paid leave provisions of the new law. The End of Non-Enforcement The… Read More
San Francisco Enacts Paid Leave Law for Employees at Large Companies
On April 17, 2020, Mayor London Breed signed the San Francisco Public Health Emergency Leave Ordinance (“PHELO”), which was previously passed by San Francisco’s Board of Supervisors on April 14, 2020. The PHELO became effective immediately, and San Francisco’s Office of Labor Standards Enforcement (“OLSE”) issued guidelines regarding its provisions the very next day. The… Read More
CA Supreme Court Rules that PAGA Claims Survive Even if Underlying Claims are Settled
California employment law is notoriously volatile. The ever-changing landscape – especially as related to Labor Code violations and cases brought under California’s wide-ranging Private Attorneys General Act (“PAGA”), which authorizes representative actions for Labor Code violations – can make it challenging for employers to find certainty in how they plan for potential claims and address… Read More
How Well Does “Workplace Wellness” Really Work?
Employee burnout—which we previously blogged about here—is an “occupational phenomenon” characterized by prolonged workplace stress that affects, according to a Gallup survey, about two thirds of full-time employees. Because it is so commonly experienced by the workforce, and because the World Health Organization (WHO) has now exclusively dubbed it a workplace problem, a growing number… Read More
