Employment Litigation

Entrepreneurship often requires innovative thinking and experimentation, and success often turns upon finding creative solutions. However, employee compensation is not the proper place for experimentation and creativity. Good-hearted efforts to ...
[Read more] about Keep Employee Compensation Simple

Originally published for HR California In a pro-employer decision that provides guidance in responding to employees’ request for accommodations, a California court aptly noted that such requests need not excuse an employee from performing the ...
[Read more] about Leaving Work to Avoid Stress Found Not to Be a Reasonable Accommodation

In a move that impacts employer strategies when implementing both mass layoffs and individual terminations, the National Labor Relations Board ("Board") recently held that an employer violates the National Labor Relations Act ("NLRA") when it extends ...
[Read more] about ALERT: NLRB Shakes Up Severance Agreements

More than 5,000 California employers are sued each year for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”). This year promises to be no exception. Already, the state has received notice of hundreds of intended ...
[Read more] about New Year – New PAGA Strategies

Originally published for HR California Virtually all California employers and their employees are aware of workers’ rights to take paid rest breaks during a typical shift — that all nonexempt employees whose total daily work time is at least ...
[Read more] about Must Employers Pay When Employees Claim They’re Too Busy for Rest Breaks?

Many employers are considering adopting or revising workplace arbitration agreements in light of the recent U.S. Supreme Court decision holding that such agreements may limit PAGA claims. Here are answers to some of the most frequently asked ...
[Read more] about Fundamentals of Workplace Arbitration FAQ

New Ruling Heightens Employers’ Duty to “Provide” Suitable Seating California regulations have long declared that California employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of a seat.” But, ...
[Read more] about “Have a Seat” California Employees!