Author: James W. Ward

6386
Posted in Discrimination Harassment

New California FEHA Regulations ‘Clarify’ Definition of Employer

Heads up, employers — new Fair Employment and Housing Act (FEHA) regulations are now effective. In June 2019, the Fair Employment and Housing Council (FEHC)…

1939
Posted in Workplace Policies

Employees Cannot Recover Wages Under PAGA

The California Supreme Court recently determined that employees cannot recover unpaid wages on behalf of themselves and other aggrieved employees under the Private Attorneys General…

2379
Posted in FMLA/CFRA

DOL Opinion: Using FMLA Leave to Attend Child’s Special Education Meetings

The Department of Labor (DOL) recently issued an opinion letter confirming that parents may take time off under the Family and Medical Leave Act (FMLA)…

3067
Posted in Form I-9

ICE Heats Up Form I-9 Audits: What California Employers Need to Do If They Get a Notice

U.S. Immigration and Customs Enforcement (ICE) issued thousands of Form I-9 audit notices this summer. As ICE worksite enforcement continues to increase, California employers need…

3385
Posted in Workplace Safety

California Emergency Wildfire Smoke Regulation Now in Effect

On July 29, 2019, the California Occupational Safety and Health Standards Board’s emergency regulation to protect outdoor workers from the harmful effects of wildfire smoke…

3313
Posted in Workplace Policies

Need to Reimburse Restaurant Employees for Non-Slip Black Shoes? Court Says No

When must employers reimburse employees’ expenses? It depends, of course, on the circumstances. As previously reported, some employees submit unusual and even hilarious expense reports…

2127
Posted in Compensation

Ninth Circuit Rejects Nike’s De Minimis Argument for Security Screenings

Even if an off-the-clock task, such as an exit inspection, is less than a minute, the de minimis principle likely does not apply under California…

2241
Posted in Workplace Policies

California Prohibits Discrimination Based on Hairstyle

On July 3, Governor Gavin Newsom made California the first state to ban racial discrimination based on hairstyle. The Fair Employment and Housing Act (FEHA)…

2161
Posted in Social Media Workplace Policies

Recent NLRB Advice on Employer Policies, Arbitration Agreements

On June 14, the National Labor Relations Board (NLRB) Office of the General Counsel released two advice memoranda addressing common employment policies and arbitration agreements….