Legal Updates
California Court Addresses "Stray Remarks Doctrine" In Employment Discrimination Cases
On August 5, 2010, the California Supreme Court opened the door for more discrimination lawsuits based on “stray remarks” in the workplace. In the recent court case of Reid v. Google... Read more
Supreme Court Denies Worker Right to Privacy in Texting
On June 17, 2010, the U.S. Supreme Court held that an employer did not violate an employee’s privacy rights by obtaining and reviewing a transcript of an employee’s text messages. ... Read more
Federal Contractors Required to Notify Employees of their Rights Under the NLRA
Pursuant to a new rule issued by the United States Department of Labor (DOL) on May 10, 2010 to implement President Obama’s Executive Order 13496, nearly all federal contractors and subcontra... Read more
New California Supreme Court Definition of "Employer"
The California Supreme Court has issued a new opinion regarding who may be considered an “employer” and liable under Labor Code § 1194 for the failure to pay minimum wage and overt... Read more
Prevailing Wage No Longer Required for Certain Off-Site Fabrication
On May 3, 2010, the Director of the Department of Industrial Relations (DIR) issued a decision finding that off-site fabrication at issue was not done in the execution of public works construction ... Read more
DOL Fact Sheet Released on Unpaid Interns
The U.S. Department of Labor’s (DOL) Wage and Hour Division recently posted a fact sheet to help determine whether interns must be paid the minimum wage and overtime under the Fair Labor Stan... Read more
Obama's HIRE Act
On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment Act (“HIRE”). The Act is designed to promote hiring, with two key provisions: (1) an exemption f... Read moreCOBRA Temporary Extension Act of 2010 Passes
On March 2, 2010, the COBRA Temporary Extension Act of 2010 amended the American Recovery and Reinvestment Act of 2009 (ARRA) yet again to provide for premium reductions for health benefits under C... Read more
Independent Contractors Subject of Proposed Withholding and Crack Down
The use of independent contractors has regularly been a subject of confusion and often claims of misclassification. But now independent contractors are facing a new state tax withholding proposal a... Read more
Employee Must Prove Employer Singled Out Workers' Comp Injury to Succeed in 132a
A recent California appellate court held that Labor Code section 132a claims require proof that the employeractually singled out an industrially-injured worker for differential treatment. Ge... Read more
New EEOC Notice Required as of November 21, 2009
The Genetic Information Nondiscrimination Act (GINA) goes into effect on November 21, 2009. As such, a new mandatory change to the Equal Employment Opp... Read more
Governor Signs Legislation Protecting Businesses from Meritless Lawsuits
Governor Arnold Schwarzenegger recently signed SB 367, which allows businesses to continue offering discounts and other incentives to consumers negativel... Read more
2010 National Defense Authorization Act
(H.R. 2647). The new law includes an expansion of the recently-enacted exigency a... Read more
Labor Comissioner - Opinion Letter
The office of the California Labor Commissioner has issued a new opinion upholding an employer’s ability to reduce the salary of exempt employees with a corresponding reduction in work schedu... Read more
Alternative Workweek Scheduling
Employers Can Now Take Advantage of Changes to Alternative Workweek Scheduling
Beginning on May 21, 2009, employers in California can now take advantage of the more flexible rules related t... Read more
Amendments to the Americans With Disabilities Act
Amendments to the Americans With Disabilities Act Broaden Definition of Disability
Beginning on January 1, 2009, the Americans with Disabilities Amendments Act went into effect. The amendme... Read more
FMLA Revisions Effect on CA Employers
Family Medical Leave Act (FMLA) Revised: California Employers Must Also Be Aware of Impacts to California Family Rights Act (CFRA)
New regulations related to the federal Fami... Read more
California Legislative Changes
SB 1608 – Disability Access. Reduces potential disability access litigation by reducing attorney fees and potential damages available. This measure requires continuing education i... Read more