Archive for General Business

Court of Appeals Confirms That Arbitration Agreements Won’t Protect Employers from PAGA Litigation

California’s Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for violations of the California Labor Code.  Lawsuits brought under PAGA have resulted in employers paying millions of dollars in penalties that…

Reopening Safely: The California “COVID-19 Playbook” for Employers

On July 28, the State of California published a helpful resource for employers – the “COVID-19 Employer Playbook:  Supporting a Safer Environment for Workers and Customers.” Many of our clients have confessed to feeling some measure of “COVID Weariness” – the feeling of being overwhelmed and exhausted by…

The “How” and the “What” of Crisis Communication

Let’s face it:  the global health crisis brought about by COVID-19 isn’t going away anytime soon.  Here in California, we are almost 6 months into “shelter-in-place,” with no signs of any major changes coming.  For most companies, the earlier steps taken in response to the crisis were, understandably,…

Mandatory Sexual Harassment Training Materials Now Online

On May 10, 2019, we blogged about the updated requirements for California employers providing sexual harassment training to their employees, as defined in SB 1343.  You can read that blog post here.  SB 1343 requires that all employers who have 5 or more employees provide a minimum of…

Note to Employers: Craft Your Arbitration Agreements Carefully

A recent Court of Appeal decision underscores the importance of reviewing severability provisions in arbitration agreements. In Kec V. Superior Court, Plaintiff Nichole Kec brought individual, class, and Private Attorneys General Act (“PAGA”) claims against her former employer, defendants R.J. Reynolds Tobacco Company and Reynolds American, Inc. (“Reynolds”),…

The Skies Just Got Friendlier for Employers

On June 29, 2020, the California Supreme Court ruled in favor of employers in a trio of cases involving flight attendants and pilots who brought various wage and hour claims (both individual and PAGA) against their respective airline employers for non-compliant wage statements and other violations of California’s…

Schoolyard Bullying Minus the Schoolyard: How to Mitigate Toxicity in the Virtual Workplace

As an employer, you may think that, during this time of indefinite virtual work, the lack of a shared workspace would mean less bullying amongst your employees.  With no common space to congregate, and with less colleague-to-colleague face-to-face time, the sample size for toxic workplace culture would have…

Litigating From Home: The New Normal Thanks to COVID-19

The 2020 global pandemic has brought many rapid changes to the world – and that includes changes to courtrooms and trial across California. COVID-19 has wrought havoc on our court system here in California, forcing many cases (other than the most urgent and life-threatening) to grind to a…

You’re Laid Off Due to Coronavirus – Now What?

Rising layoffs, budget cuts, and business closures are just a few of the widespread consequences of COVID-19.  If you have been laid off as a result of the pandemic, you’re likely experiencing—among other things—some level of defeat and/or powerlessness.  The emotional toll of a layoff can cloud an…

Unusual Times Call for a New Approach to Company Reorganization

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…