In Practice: Appellate Court Carves out PAGA Exception to 'Concepcion'
The Sixth District disagrees with the Second on Supreme Court precedent applicability to arbitration waivers, explain Miller Law Group attorneys.
Labor and Employment Law
In Practice: Appellate Court Carves out PAGA Exception to 'Concepcion'
In Practice: Schools Struggle With Bullying Laws
When students harrass teachers, districts as employers are bound by FEHA, but must also protect students' rights, explain Haight Brown & Bonesteel attorneys.
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Court Clarifies California Disability Laws
Women who've exhausted their pregnancy leave are entitled to additional time off under FEHA, explain Ropers Majeski attorneys.
Who Owns Your Online Persona?
Absence of a clear social media policy can result in disputes over account control, explain Sheppard Mullin attorneys.
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Cybercommuting for Employers
Companies that permit employees to work from home must make sure they are complying with relevant California laws, explains Lisa Lawson of Pennington Lawson.
Mixed Results on Mixed Motives
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.
Supreme Court to Define 'Supervisor'
Reconciliation of a circuit split could have a significant impact on workers' rights in Title VII actions, says Monali Sheth of Equal Rights Advocates.
NLRB Clarifies At-Will
In recent opinions the board approved certain company policies defining the employment relationship, explain of Miller Law Group attorneys.
New Laws in the New Year
Employers should review their policies and procedures in light of new legislation taking effect Jan. 1, explains Gina Roccanova of Coblentz Patch.
Labor Board Critical of Speech Restrictions
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.
The Right to Refuse Access
Recent California law prohibits employers from demanding login information to their employees' social media accounts, explains Elise Vasquez of Ropers Majeski.
Avoid Knowing Too Much
New laws and regulations expose employers to liability based on information accessed about current or prospective employees, explains Jenica Mariani of Perkins Coie.
Whose Friends Are They Anyway?
Courts are split on who owns the rights to social media accounts -- companies or employees hired to maintain them, explain Miller Law Group attorneys.
Elections and the Workplace
Employers need to be aware of their rights and obligations with regard to employees' political actions, explain Seyfarth Shaw attorneys.
In Noncompetes, Substance Matters
A noncompete ancillary to a sale of business can be found unenforceable if it is overbroad or restrictive, explain Weil, Gotshal & Manges attorneys.
Cal-WARN's Many Pitfalls
The California labor law, while closely resembling its federal counterpart, can create traps for unwary employers, says Brigham Cheney of Paul Hastings.
ADR Clauses in Employee Handbooks
Courts are likely to continue reaching beyond the basics of contract law to determine arbitrability of adhesion contracts, writes Jon Sylvester of Golden Gate University School of Law.
Employee Privacy Forces Legislation
By passing narrow laws, the Legislature is missing an opportunity to rewrite the Stored Communications Act broadly, explains Behnam Dayanim of Axinn, Veltrop & Harkrider.
Why Can't We Be 'Friends'?
Drinker Biddle & Reath's Heather Sager explains what companies need to know when drafting their social media policies.
Expanding Partnership Liability
In light of a recent appellate decision, partners are able to bring FEHA retaliation claims against their employer, explain Gay Grunfeld and Elizabeth Avery of Rosen Bien.
Use of Criminal Records in Hiring
EEOC gives employers cause to review their policies with regard to hiring employees with past convictions, explain Meyers Nave attorneys.
PAGA Claims and 'Concepcion'
Courts are split on whether the FAA pre-empts California's Private Attorney General Act.
The Changing Landscape of Wage and Hour
Over the past decade, the way class actions are brought and litigated has been shifting in favor of the employer, explain Dinker Biddle & Reath attorneys.
'Brinker' -- A Case for Both Sides
Plaintiffs and defense counsel claim the decision is a win for their side, but agree that more litigation looms over unresolved issues, explains Felicia Reid of Curiale Hirschfeld Kraemer.
Punitives in Employment Law
Stephen Danz and John Fowler explain what plaintiff counsel should keep in mind for pleading and establishing the rights to an exemplary damages award.
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