Posted on September 21, 2016 by CEB
The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California Employment Law Blog.
Should employers have mandatory arbitration agreements with their employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and cons—and where I stand on the question. Continue reading
Filed under: Business Law, Compliance/Best Practices, Employment Law, Legal Topics | Tagged: arbitration provision, contractual arbitration, employees, employers, employment agreement, employment contract, employment litigation, mandatory arbitration agreement | 3 Comments »
Posted on September 16, 2016 by Khanh Tran
Whether it’s to expose an unfaithful fiancé or set the record straight on a public feud, self-appointed vigilantes should think twice before recording a private conversation: it’s against the law. Here’s what to tell your sleuthing client about California’s privacy laws.
Filed under: Business Law, Criminal Law, Employment Law, Tort Law | Tagged: eavesdropping, invasion of privacy act, privacy, recording, video recording, wiretapping | Leave a comment »
Posted on September 9, 2016 by CEB
The following is a guest blog post by Dawn Silberstein, a San Francisco attorney whose practice areas include insurance coverage, construction defect, and equal employment law. Ms. Silberstein became interested in the impact of implicit bias while studying psychology at the University of California, Santa Cruz.
As attorneys, we want to see ourselves as fair, equitable, and rational, yet studies show that despite our best intentions none of us is free from bias. Implicit bias refers to unconsciously held bias that doesn’t necessarily reflect our conscious beliefs. Here’s a brief look at how implicit bias is measured, how it impacts our decision making, and what we can do about it. Continue reading
Filed under: Employment Law, Legal Ethics, Legal Topics, Practice of Law | Tagged: Implicit Association Test, implicit bias, lawyers, legal profession, race discrimination, unconscious bias, unconscious discrimination | 1 Comment »
Posted on August 31, 2016 by Julie Brook, Esq.
There are so many federal and California laws giving employees the right to take time off work that it’s not surprising to find more than one law governing a particular employee’s leave or absence. But there are two rules of thumb that help employers navigate this often complicated area. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: disability leave, employee benefits, employee leave, FMLA, leave laws, pregnancy leave | Leave a comment »
Posted on July 11, 2016 by Julie Brook, Esq.
There are some interview or application questions that might elicit information that could get an employer into legal hot water if used to make an employment decision. Questions that touch on sex identity and sexual orientation should be off-limits. Here are some acceptable and unacceptable questions to help employers avoid problems in this area. Continue reading
Filed under: Business Law, Compliance/Best Practices, Employment Law | Tagged: discrimination, employers, interview questions, job applicants, job interview, sex identity, sexual orientation | Leave a comment »
Posted on June 13, 2016 by Julie Brook, Esq.
Smoking in California workplaces has been prohibited for decades. But just because you see or smell tobacco smoke in a workplace doesn’t mean the law is being broken. Understand the law and its exclusions so you can properly advise your clients. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: employees, employers, employment policies, smoking ban, workplace policies, workplace smoking | 2 Comments »
Posted on June 6, 2016 by CEB
The following is a guest blog post from Gina Roccanova. Ms. Roccanova is a Principal at Meyers Nave and Chair of the Labor and Employment Practice Group, where she serves public and private clients with nearly 20 years of experience in negotiations, counseling, litigation, arbitration, and training.
With political backing from Lt. Governor Gavin Newsom, financial support from Sean Parker, and a significant coalition of pro-legalization groups, the Adult Use of Marijuana Act (AUMA) is likely to appear on the California ballot in November. According to numerous polls, a wide majority of voters support the initiative. If it passes, adults age 21 and over will have the right to possess, use, and grow limited amounts of marijuana for personal, recreational use. What does this mean for California employers? The answer depends on a situation that’s increasingly familiar in today’s world: employers will have to balance the pros and cons inherent in following the regulatory status quo against responding to changing societal views. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics, New Legal Developments | Tagged: Adult Use of Marijuana Act, drug testing, employees, employers, employment policies, marijuana legalization | Leave a comment »