Posted on October 3, 2016 by Julie Brook, Esq.
Although 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.
Filed under: Compliance/Best Practices, Employment Law, Legal Topics, New Legal Developments | Tagged: employees, employers, employment policies, Equal Pay Act, Fair Pay Act, gender discrimination, pay discrimination | Leave a comment »
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 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 »
Posted on March 14, 2016 by Julie Brook, Esq.
Most employers know that discrimination against transgender and other gender-nonconforming persons is prohibited in California. But many employers have been confused about what legal rights transgender employees have and how to protect them. The Department of Fair Employment and Housing has offered help with its newly-released Transgender Rights in the Workplace: FAQ for Employers. Continue reading
Filed under: Compliance/Best Practices, Employment Law, Legal Topics, New Legal Developments | Tagged: employee rights, employees, employers, employment discrimination, gender identify, sex discrimination, transgender, workplace | 2 Comments »
Posted on February 29, 2016 by Julie Brook, Esq.
An employee who’s been laid off or fired and believes that it’s due to unlawful discrimination can’t simply sue and then sit around waiting for a payout from his or her former employer. Rather, the law requires that he or she get out there and look for another job—or risk a hit to any back pay damages. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: back pay, employees, employers, employment termination, mitigation of damages, wrongful termination | 3 Comments »