Alerts
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
- Business, Employment Law
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
- Business
OSHA Announces New Workplace Injury Reporting and Anti-Retaliation Regulations
by Michelle Ferber and Ben McDonald The Occupational Safety & Health Administration (“OSHA”) has always required employers to document and retain records of workplace injuries and illnesses. Beginning January 1, 2017, however, large employers and employers in certain high-risk industries will be required to electronically submit those records to OSHA
- Business
Three Things California Employers Should Know About the New DOL Overtime Rules
by Shannon Walpole California has been a hotbed for overtime exemption misclassification litigation for years. Not much will change for California employers with the passage of the new overtime rules by the Department of Labor. That said there are three critical things about the new federal rules that all California
- Business, Employment Law
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.
- Business, Employment Law
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
- Business, Employment Law
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
- Business, Employment Law
Los Angeles Likely to Be Fourth California City to Impose Unique Sick Pay Requirements
by Shannon Walpole On Tuesday, April 19, 2016, the Los Angeles (LA) City Council voted 13-1 to introduce legislation that if passed will double the amount of paid sick leave employers will be required to provide for employees working in LA. Under the California Healthy Families Act of 2014 that
- Business, Employment Law
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
- Business, Employment Law
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
- Business, Employment Law
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
- Business, Employment Law
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
- Business, Employment Law
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
- Employment Law
Avoiding the Bite of ADA Violations: Service Animals and Business Owners
by Michelle Ferber and Ben McDonald Most business owners are familiar with the Americans with Disabilities Act (ADA) which authorizes disabled persons to be accompanied by service animals in public places where animals are usually prohibited. However, how would you react to finding a horse in your restaurant? Or to
- Business
New Piece-Rate Wage Laws Threatens Employers’ Peace
by Michelle Ferber and Ben McDonald Piece-rate compensation, or employee compensation systems in which the employee is paid only for each unit of production, has come under scrutiny in state and federal courts in recent years and was dealt a substantial blow when Governor Brown signed AB 1513 on October
- Employment Law
