In recent decisions the California Supreme Court and Ninth Circuit have found ways around Concepcion, explains Michael Cole of Miller Law Group.
Labor and Employment Law
SB404's failure to define key terms could result in costly lawsuits for employers, explains Dana Kravetz of Michelman & Robinson.
California and U.S. Supreme Courts are playing tug of war with the scope of enforceability of class action waivers
Attorneys must balance the obligation to preserve evidence with restrictions on employers' access to employee accounts, explain Sheppard Mullin attorneys.
For multi-national companies, addressing foreign labor laws and customs while maintaining a unique culture can be challenging, says Stephen Hirschfeld of Hirschfed Kraemer.
EEOC has been aggressively pursuing employers who use applicants' criminal history as a basis for its employment decisions, says Julius Turman of Reed Smith.
In an industry rife with violations, holding employers accountable can be a challenge, explain Gay Grunfeld and Megan Sallomi of Rosen, Bien, Galvan & Grunfeld.
Courts are split whether the California statute conflicts with the Constitution, and the Ninth Circuit isn't helping the matter, explains Mark Kemple of Greenberg Traurig.
Legislation increasing California's minimum wage over several years may impact exempt status of some employees, explain McManis Faulkner attorneys.
Culmination of federal jurisprudence leaves little choice to the state Supreme Court but to overturn itself, says Steven Katz of Reed Smith.
Arbitration is not one size fits all, and some companies may be better off without a class action waiver, say Sidley Austin attorneys.
Educating supervisors in personnel management and employment law will reduce lawsuits by employees, explains Richard Mann of Ezra Brutzkus Gubner.
In a recent decision, the U.S. Supreme Court arguably eliminated several exceptions to Concepcion carved out by California courts, explains M. Michael Cole of Miller Law Group.
The Sixth District disagrees with the Second on Supreme Court precedent applicability to arbitration waivers, explain Miller Law Group attorneys.
When students harrass teachers, districts as employers are bound by FEHA, but must also protect students' rights, explain Haight Brown & Bonesteel attorneys.
Women who've exhausted their pregnancy leave are entitled to additional time off under FEHA, explain Ropers Majeski attorneys.
Absence of a clear social media policy can result in disputes over account control, explain Sheppard Mullin attorneys.
Companies that permit employees to work from home must make sure they are complying with relevant California laws, explains Lisa Lawson of Pennington Lawson.
The California Supreme Court clears things up on discrimination defense, but it may be a prompt for legislative action, says Scott Lawson of Pennington Lawson.
Reconciliation of a circuit split could have a significant impact on workers' rights in Title VII actions, says Monali Sheth of Equal Rights Advocates.
In recent opinions the board approved certain company policies defining the employment relationship, explain of Miller Law Group attorneys.
Employers should review their policies and procedures in light of new legislation taking effect Jan. 1, explains Gina Roccanova of Coblentz Patch.
In light of recent NLRB decisions, employers should review their social media policies to adequately protect both employees and the company, explain Tyson Mendes attorneys.
Recent California law prohibits employers from demanding login information to their employees' social media accounts, explains Elise Vasquez of Ropers Majeski.
New laws and regulations expose employers to liability based on information accessed about current or prospective employees, explains Jenica Mariani of Perkins Coie.
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