Category Archives: Employment Law

Major New Employment Laws that You Need to Know About

  • Oct 20 2017

Governor Brown signed 859 bills at the California Legislature’s 2017 session. California employers should be aware of several new laws that will materially affect their businesses. Here is a summary of some of the most significant new employment laws coming in 2018: The New Parent Leave Act (SB 63) Employers will be required to provide up to 12 workweeks of unpaid parental leave for an employee to bond with a child, and to continue...

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Caution! Sexual Harassment in the Workplace

  • Oct 11 2017

Given the many high profile cases in the media, it is crucial for any business to understand its responsibility to prevent sexual harassment in the workplace. Generally, sexual harassment is deemed to be a form of sex discrimination under Title VII of the Civil Rights of 1964 (Title VII), and most states have far stricter laws in place designed to prevent harassment. There are two types of sexual harassment: quid pro quo (“this for...

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Post The Wage Order

  • Sep 1 2017

Big news in the world of wage orders! There has been some recent updates to include the most recent increases to the minimum wage. Wage Orders 1 through 12, 15 and 16 have been updated by the California Department of Industrial Relations (DIR). That leaves Wage Orders 14 and 17 untouched. Now would be a great time for employers to review all seventeen wage orders to decide which order they need to post. Wage...

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Can Employees Sue Their Employer’s Attorney For Retaliation?

  • Aug 29 2017

Employers are aware of the risk of being sued by their employees for retaliation against an employee that is engaging in a protected activity, but what about the employer’s attorney?  According to a recent case brought to the Ninth Circuit Court of Appeals, an employer’s attorney may also be sued for retaliation under the federal Fair Labor Standards Act (FLSA) (Arias v. Raimondo, 860 F.3d 1185 (9th.Cir. 2017)). The case involves an employee with...

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Wage Orders Update!

  • May 19 2017

It’s already been a busy year for employers with lots of action from the California Legislature, federal and state agencies, local governments, and our courts.  Wage and hour employment law has received a lot of attention from policy makers, enforcement agencies and the courts. California’s Department of Industrial Relations (DIR) regulates wages and hours of employees with documents called Wage Orders.  There are 17 Wage Orders, each one specific to the industry or occupation...

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Summer is Coming! Preparing for Heat Illness Prevention

  • May 12 2017

Warm weather is on its way, and employers with outdoor places of employment should prepare now to ensure their employees have a safe workplace.  Heat illness is a serious medical condition resulting from the body’s inability to cope with a particular heat load.  Heat illness can cause damage to the brain and other vital organs, even death.  Many factors can lead to heat illness, including: Exposure to high air temperature and relative humidity; Exposure...

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New Regulations on Employers’ Use of Criminal History

  • Apr 26 2017

Effective July 1, 2017 California’s Department of Fair Employment and Housing (DFEH) issued new regulations on employers’ use of criminal background information in hiring decisions. The new law prohibits employers from using or seeking criminal history information that has an adverse impact on a protected class, unless the information sought is job related.  Further, employers are required to provide written notice to the applicant explaining a decision to not hire based on criminal history....

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Why Your Business Needs An Email Policy

  • Feb 28 2017

In the contemporary workplace, email is an essential and efficient form of communication. Whether it’s used internally among staff members, or for exchanges with vendors and customers, email is a necessary business tool. At the same time, misuse of this technology can expose an organization to legal and reputational risks as well as security breaches. For this reason, it is crucial to put a formal email policy in place. First, an email policy should clarify...

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Newly Revised Form I-9, Effective January 2017

  • Nov 28 2016

Federal Law requires that employers complete Form I-9, Employment Eligibility Verification, for every new employee hired after November 6, 1986. The Department of Homeland Security has updated the I-9 Form effective January 22, 2017. Employers must use the new version, dated 11/14/16. If you have any questions regarding the new Form I-9, please do not hesitate to contact an employment law attorney at Schneider’s & Associates, L.L.P. for advice or counsel.

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Can You Keep Pot Out Of Your Workplace After Proposition 64?

  • Nov 18 2016

California voters passed Proposition 64, the Adult Use of Marijuana Act. Prop 64 legalized the recreational use of marijuana by adults 21 years old and over. Despite the passage of Proposition 64, smoking or ingesting marijuana in public will remain illegal, as will smoking or ingesting marijuana in places where smoking tobacco is prohibited. Similarly, driving under the influence of marijuana will remain unlawful. How will this affect the workplace? Employers need not fret,...

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