The popularity and accessibility of artificial intelligence (“AI”) tools, such as ChatGPT and Bard, have grown exponentially this year. However, the careless use of these tools in legal settings can lead to embarrassment and even sanctions. To test how reliable AI is for even basic legal research, we asked four popular AI search engines to… Read More
HR & Employment Law Blog
California Employers Face a Slew of New Employment Laws in 2024
New Laws That Take Effect on January 1, 2024 SB 616 (Paid Sick Leave) SB 616 significantly expands California’s existing state paid sick leave law and provide more generous paid sick leave terms to employees. Under SB 616, an employee is now entitled to a minimum of 5 days or 40 hours of paid sick… Read More
Heads Up! Employers Now Required to Use a New Form I-9
In July of this year, U.S. Citizenship and Immigration Services (“USCIS”) announced a new version of Form I-9, Employment Eligibility Verification. The new version of Form I-9 is meant to streamline the employment eligibility verification for both the employer and the employee. As of November 1, 2023, all employers are required to start using the updated… Read More
Are “Stay Or Pay” Clauses The New Non-Competes?
Today’s New York Times contains an excellent article on the increasing use of so-called “stay or pay” clauses in employment agreements. Once an employee signs a contract with a “stay or pay” clause, if that employee quits before X months/years (each contract is different), the employee will have to repay the employer for the costs… Read More
Firing Employee for Misconduct and Poor Performance Not Discriminatory, Even if Misconduct Related to Employee’s Religion
Ronald Hittle was the Fire Chief in Stockton, California. In May 2010, the City received an anonymous letter describing Hittle as a “corrupt, racist, lying, religious fanatic who should not be allowed to continue as the Fire Chief of Stockton.” It was later revealed that the letter came from a high-ranking manager in the Fire… Read More
California’s Supreme Court Erases Viking River’s PAGA Victory for Employers
The California Supreme Court recently issued its highly anticipated decision in Adolph v. Uber and answered the key question of whether the California courts would follow the U.S. Supreme Court’s ruling in Viking River. The California Supreme Court’s answer was a resounding “NO.” Now, after Adolph v. Uber, an employee whose individual PAGA claims are… Read More
Supreme Court: Employers Must Accommodate Employees’ Religious Practices
The U.S. Supreme Court recently ruled, in Groff v. DeJoy, that employers have a heightened duty to accommodate their employees’ religious practices.
DHS Ends Temporary I-9 Flexibilities Today
The I-9 “temporary flexibilities” that were born out of the COVID emergency expire today. Employers now have 30 days from today — or until August 30, 2023 — to get all of their I-9 forms into compliance for those employees (a) who were hired after March 2020, and (b) whose identification records were not physically… Read More
Employees Now Can Sue Under PAGA for Paid Sick Leave Violations
California’s Healthy Workplaces, Healthy Families Act (known as the “Paid Sick Leave Law” or “PSLL”) requires employers to provide employees, with a few narrow exceptions, three days of paid sick leave each year. The PSLL does not give employees a private right of action, meaning that employees can’t sue their employers directly under the PSLL. … Read More
California Expands Employee Whistleblower Protection
On May 22, 2023, the California Supreme Court issued a unanimous decision expanding employee whistleblower protection. In People ex rel. Garcia-Brower v. Kolla’s Inc., the Court held that the definition of the term “disclosure” in California Labor Code section 1102.5 includes reporting of a violation of a state or federal statute, or a violation of or… Read More
