How to Garnish Wages in California

thinkstockphotos-496583342You’re dealing with a debtor who won’t pay up and you decide to garnish his or her wages. It’s a very technical process, but these seven steps break it down. Continue reading

What’s New in California’s Fair Pay Act, and How Employers Should Respond

ThinkstockPhotos-188094090Although prohibiting gender-based wage discrimination since 1949, California’s Equal Pay Act (Lab C §1197.5) was rarely used as a basis for litigation because its language made it difficult for an aggrieved plaintiff to establish a successful claim. But now that the legislature has amended it, §1197.5  may become more popular with plaintiffs. And employers get more clarity about what is and isn’t allowed.

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The Pros and Cons of Requiring Workplace Arbitration

175660493The 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

Put a Stop to Your Client’s Illegal Recording Activity

Whether it’s to expose an unfaithful fiancé or set the record straight on a public feud, dictophoneself-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.
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Implicit Bias: Solutions Not Guilt

ThinkstockPhotos-489205086The 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

2 Rules of Thumb for Employee Leave Requests

ThinkstockPhotos-546781590There 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

Job Interview Questions: Steer Clear of Sex Identity and Sexual Orientation

140155267There 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

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