New California Law & Salary History

by Michelle Ferber Governor Brown signed into law a state-wide ban on employer inquiries into an individual’s salary history. Under AB 168, no employer of any size may rely on an applicant’s prior salary history “as a factor in determining whether to offer employment . . . or what salary to offer an applicant.” The definition of salary history is

California Supreme Court Clarifies “Day of Rest” Rules for Ninth Circuit

by Michelle Ferber and Robert Ferrier In the recent case of Mendoza v. Nordstrom, Inc., the Ninth Circuit, as described below, asked for and received substantial guidance from the California Supreme Court regarding California’s “day of rest” law, otherwise known as Cal. Lab. Code §§ 551 and 552.  The Supreme Court has now provided substantial clarity on this issue. Mendoza

Court of Appeals Upholds Petition to Compel Arbitration In Wage Claim

by Robert Ferrier In OTO, LLC v. Kho, the California Court of Appeals enforced a binding arbitration clause that a former employer provided the employee as a condition of employment. Here, the plaintiff brought an unpaid wage claim against his former employer.  After subsequent settlement negotiations failed, the employer tried to invoke the arbitration clause.  In this particular case, the

California Employers Must Provide New Hires With Notice of Victim’s Rights

by Robert Ferrier As of July 1, 2017, California employers must provide new hires with notice of victim’s rights.  All California employers with 25 or more employees must give new employees (and current employees who request it) written notice explaining the rights of victims of domestic violence.  The California Labor Commissioner’s Office has provided a sample form for employers to

California Supreme Court Takes Stand on Seating Requirements in Employment

by Michelle Ferber Please see the following link to read Michelle Ferber’s article on this topic in the August 2017 issue of Caltrux magazine. California Supreme Court Takes a Stand on Seating Requirements DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal

Summer Employment – Quick Tips to Avoid Common Pitfalls

by Michelle Ferber and Jennifer Lucas Please see the following link regarding our article published in the Contra Costa Lawyer magazine. Summer Employment – Quick Tips to Avoid Common Pitfalls DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based

Gender-Neutral Bathrooms Required In California Beginning March 2017

by Michele Ferber and Traci Holian On Thursday, September 29, 2016, California Governor, Jerry Brown, signed legislation requiring all single-occupancy bathrooms to be labeled as “all gender” in every business, place of public accommodation, and government agency in the State of California.   Beginning in March 2017, each single-occupancy bathroom is required to be open and available for all persons

New for 2017: Revised Form I-9

by Michelle Ferber and Traci Holian All employers are required to provide both their employees and the Department of Homeland Security with the Employment Eligibility Verification Form I-9 (generally called the Form I-9). The Form I-9 is used to establish that the employee is eligible to work in the United States. A revised Form I-9 has been approved and will

More Bad News for Employers and Arbitration Provisions

by Michelle Ferber and Traci Holian On Monday, August 22, 2016, in a 2-1 decision, the Ninth Circuit, in Morris v. Ernst & Young, LLP, invalidated an arbitration agreement provision which barred employees from filing class actions relating to wages, hours, and employment terms and conditions. The Ninth Circuit based its ruling on the grounds that the arbitration provision violated