Advising And Defending Businesses
An employer that conducts a background check of its applicants or employees must do so in accordance with the strict requirements imposed by federal and California laws. On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit in Gilberg v. California...
Beginning on March 1, 2017 all business establishments, places of public accommodation, and government agencies with single-user toilet facilities must identify them as “all-gender” as opposed to the traditional “men” and “women.”...
On February 7, 2019, the California Supreme Court in Goonewardene v. ADP reversed a decision of a court of appeal that had permitted an employee to sue the payroll company her employer used to pay its employees. The plaintiff alleged that the earnings statements...
On February 13, 2020, the California Supreme Court in Frlekin v. Apple Inc. held that time spent by employees on their employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology devices voluntarily brought to work...
On February 8, 2021, the United States Court of Appeals for the Ninth Circuit held that alleged “reimbursement payments” an employer made to its employees were really “wages,” and accordingly, such amounts had to be factored into the...
Senate Bill 1063 expands the Equal Pay Act by prohibiting an employer from paying any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work when viewed as a composite of skill, effort, and...
Assembly Bill 1843 now prohibits employers from inquiring about an applicant’s juvenile convictions and/or utilizing information related to juvenile arrests, detentions, or court dispositions as a factor in determining employment. This bill went into effect...
On February 4, 2019, a California court of appeal in a 2-1 decision held that if an employee is required to “call-in” to see if he or she must report for work, such as by using a phone or logging-on to a computer remotely, the employee “reports for work,” and is...
As HR professionals are well-aware, handling an employee’s request for a reasonable accommodation can become a time-consuming and stressful process. The mishandling of a request can lead to costly and time consuming legal consequences. (Here is one example concerning...
A recent decision by a California court of appeal illustrates the importance of an employer paying an employee all wages owed in a timely manner when the employment relationship is severed. In Stratton v. Beck, an employee of two months filed a claim with the...