A Move Towards Mandating Gender Neutral Restroom Facilities

by Michelle Ferber and Brooke Barnum This past Monday, May 9, 2016, the California State Assembly passed a Bill in a 55-19 vote that would require single-user restrooms to be designated as “gender neutral.” The Bill, AB 1732, is drafted to apply to all business establishments, public and government buildings. A single use restroom is defined by the Bill as

California Takes Aim at Sex-Based Wage Disparities

by Michelle Ferber and Ben McDonald Arguably the most protective and demanding equal pay law in the country, the California Fair Pay Act of 2015 (“the New Act”) took effect on January 1, 2016 and offers California employees unprecedented protections against sex-based wage differentials.  While California has had equal pay laws on the books for more than sixty years, women

Alert: The EEOC Reminds Employers of Employee Restroom Access Rights

by Michelle Ferber and Ben McDonald The United States Equal Employment Opportunity Commission (EEOC) has issued guidance to American employers with regard to bathroom access for transgender employees.  Since 2012, the EEOC has held that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964.  Title VII prohibits discrimination regardless

California Supreme Court Takes a Stand on Seating Requirements in Employment

by Michelle Ferber and Ben McDonald Earlier this month, the California Supreme Court issued guidance regarding a lesser known labor requirement that California employers provide employees with suitable seating under certain circumstances.  Found in nearly all of California’s Wage Orders, this requirement has been given new life by the court’s recent analysis and now demands the attention of nearly all

URGENT UPDATE: New Workplace Posting Requirement Effective April 1

by Michelle Ferber and Ben McDonald The Department of Fair Employment and Housing (DFEH) has mandated a new workplace posting and notice requirement for California employers effective April 1, 2016.  The new notice informs employees of their rights and obligations regarding pregnancy leave.  For employers who purchased an all-in-one poster for your business, this means that your poster will no

Employers Required to Maintain Written Harassment, Discrimination, and Retaliation Policy

by Michelle R. Ferber and Ben McDonald Beginning April 1, 2016, the California Fair Employment and Housing Act (FEHA) will require employers with five employees or more to develop and maintain a written discrimination, harassment, and retaliation policy.  While FEHA has always prohibited this conduct in the workplace, the Department of Fair Employment and Housing (DFEH) has never before required

Workplace Posting Requirements in California

by Michelle Ferber and Ben McDonald California employers face some of the most employee-protective laws in the country.  Among the burdens placed on California employers is the requirement of workplace postings.  There are at least 17 notices that employers must place in an area frequented by employees where they may be easily read during the workday.  The required notices consist

Hiring in the Social Media Age: Pitfalls and Best Practices

by Michelle Ferber and Ben McDonald With roughly 75% of American adults using social media, there is no denying that social media will increasingly become a standardized method for us to learn about one another.  In the employment context, employers now have access to depths of information regarding employees and applicants that has never before been so readily available.  A

Southern California Employment Law Seminar

I would like to invite those of you in Southern California to an Employment Law Update seminar.  This complimentary two-hour seminar will be held on Wednesday, February 24, 2016 from 10:00 a.m. to 12:00 p.m. in Tarzana and will include a light snack beginning at 9:30 a.m.  The seminar is designed to introduce and educate business owners to the employment