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California Adds Good Faith Exception to “No Rehire” Provisions in Employer-Employee Settlement Agreements Posted on: December 01, 2020 In: Labor & Employment
On September 11, 2020, California Governor Newsom signed Assembly Bill 2143, which slightly modifies the law concerning no rehire clauses in settlement agreements. AB 2143 amends CCP §1002.5 to permit “no rehire” provisions in settlement agreements when the “aggrieved person” did not bring their claim in good faith. This good faith exception stands for the proposition that an employee must have filed their claim against the employer in good faith in order to be considered an “aggrieved party.”
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Tags:
california, no rehire, ccp, settlement agreements, human resources
California Minimum Wage to Increase in 2021 Posted on: November 25, 2020 In: Labor & Employment
Employers in The Golden State should be aware of the new legal requirements that will impact their businesses starting next year. Big changes await businesses with California employees in 2021. On January 1, 2021, the minimum wage in California will increase. The wage increase will be dependent upon the number of persons employed by the employer.
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Tags:
california, minimum wage, payroll, employment law
Hands Off My Wages! Five Steps Employers Can Take to Comply With the Notice Requirements of California’s Wage Theft Protection Act Posted on: November 09, 2020 In: Labor & Employment
California’s Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. Here are five steps employers can take to ensure compliance with the notice requirements.
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Tags:
california, wage theft protection act, payroll, human resources, labor law
Finally! Proposed Rule by EEOC Will Give Employers a True Opportunity at Conciliation Prior to Litigation Posted on: November 05, 2020 In: Labor & Employment
As many employers throughout the country are well aware, once the Equal Employment Opportunity Commission (EEOC) finds reasonable cause on a charge of discrimination, litigation inevitably ensues. What employers may not know is that, in theory, the EEOC has always been required to attempt to secure a conciliation agreement in good faith prior to proceeding with litigation against the employer. The problem? The agency just wasn’t giving conciliation much of an effort.
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Tags:
eeoc, discrimination, conciliation, ada, gina, adea
To Avoid FLSA Liability, Employers Should Use Actual Time Worked Posted on: October 29, 2020 In: Labor & Employment
Recent cases illustrate the exposure to liability under the Fair Labor Standards Act (FLSA) that employers can avoid by using actual time worked by employees to calculate overtime, instead of using techniques designed to approximate how much to pay employees based on estimated hours worked. These cases show that the benefits of short cuts may be outweighed by the exposure to liability, costs, and distractions of litigation created by lawsuits challenging such techniques to estimate time worked.
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Tags:
flsa, payroll, overtime, time keeping, 4th circuit
California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & Employment
On the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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Tags:
california, affirmative action, discrimination, eeoc, employment law
Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & Employment
Last month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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Tags:
california, osha, workplace safety, domestic services, veto
Voting-Leave Laws: What Employers in New York Should Know Before Election Day Posted on: October 12, 2020 In: Labor & Employment
On Tuesday, November 3, 2020, Americans will have an opportunity to exercise their right to vote in the presidential election. With Election Day fast approaching, employers should know whether they are required to provide employees with time off to cast their ballots at the polls. Even though many states have expanded absentee voting in light of the COVID-19 pandemic, employers must still be mindful of the laws in their state concerning an employee’s ability to visit the polls during the workday.
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Tags:
election law, voting, paid leave, new york, employment law
Inclusion Provides Opportunities to Build the Strongest, Most Resilient & Creative Workforce for Future Success Posted on: October 08, 2020 In: Labor & Employment
Many companies are strategizing on how to diversify their talent pool, not only with new recruits but all the way to the top. These companies not only seek to minimize potential discrimination claims – they strive to bridge the gender gap, shatter the glass ceiling, and create a multi-ethnic, multi-generational, and all-inclusive employee pool designed to contribute to the future success of the business. While these aspirations are admirable, they are only a first step.
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Tags:
diversity & inclusion, unconscious bias, implicit bias, human resources
Three Steps to Creating Essential Employment Documentation Posted on: October 06, 2020 In: Labor & Employment
One of the first things employment attorneys do when assigned a new litigation matter is request documentation from either their client or opposing counsel, depending on whether they represent the employer or employee. From a defense standpoint, certain documentation is reviewed in every case, namely, the employee’s personnel file and the employee handbook. This post will discuss some best practices employers can follow to ensure optimal documentation for potential later use in litigation.
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Tags:
documentation, employee handbook, litigation, human resources, personnel file
Calculating Vehicle-Related Expenses Under The FLSA Posted on: September 21, 2020 In: Labor & Employment
At the end of August, the Department of Labor issued an opinion letter discussing the Fair Labor Standards Act’s (FLSA) requirement that employers reimburse certain non-exempt employees for expenses related to the use of personal vehicles during the course of employment. An employer violates the FLSA if an employee’s wages, minus any expenses incurred for the benefit of the employer, fall short of the federal minimum wage. The letter clarifies the permissible methods for calculating expenses under the FLSA.
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Tags:
dol, flsa, employee reimbursement, employee vehicle use
Sexual Harassment Prevention Training 2020: What Employers Need to Know Posted on: September 17, 2020 In: Labor & Employment
In 2020, the Illinois Workplace Transparency Act (WTA)—a comprehensive, bipartisan overhaul of Illinois’ sexual harassment and discrimination laws—took effect. The WTA significantly expands the scope and protection of existing employment statutes, redefining “harassment” as “any unwelcome conduct” on the basis of a protected characteristic with “the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
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Tags:
sexual harassment, sexual discrimination, illinois, workplace transparency act, employee training

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