How many times do people feel a twinge of misogyny, racism, anti-LGTBQ bias, or just that they work in an “old-boys network”?  And when asked for examples, they might seem trivial, but the person knows in their heart that they aren’t?  The defense bar got a bombshell last week when the New York Post published excerpts of emails from two top rainmakers at one law firm, who had left to form another competitor firm, taking 100+ or so colleagues with them.  The original law firm says there was a complaint after they left, which prompted an investigation, and the discovery of emails ..read more

Everyone’s chatting about it. How will Artificial Intelligence (AI) impact our workplaces? With the increase of AI options, the workplace is rapidly changing. AI is transforming how companies operate, how employees work, and how customers are serviced. To help businesses better understand these changes, we are hosting a webinar to explore the impact of AI on the workplace. Join us for this informative webinar to learn about the latest trends in AI and gain insights on how to (or not to) use it at work. Register for our June 6th webinar here ..read more

Everyone’s chatting about it. How will Artificial Intelligence (AI) impact our workplaces? With the increase of AI options, the workplace is rapidly changing. AI is transforming how companies operate, how employees work, and how customers are serviced. To help businesses better understand these changes, we are hosting a webinar to explore the impact of AI on the workplace. Join us for this informative webinar to learn about the latest trends in AI and gain insights on how to (or not to) use it at work. Register for our June 6th webinar here ..read more

The New Rule: Employees are given whistleblower protection for lodging complaints of violations already known to the employer. While California courts have already granted employees with broad whistleblower protection for complaints based on any “reasonable belief” of a violation of law, courts have taken it a step further. Now, employees are given protection for complaints already known to the employer. This departs from prior case law. The California Supreme Court, in People ex rel. Garcia-Brower v. Kolla’s Inc., reviewed prior case law defining what “disclosure” meant. The Court of Appeal ..read more

I must say that practicing “Nanny Law” is not my favorite part of employment law.  “Nanny Law” is the term I use for household workers (caregivers), whether they be those who care for babies, kids, elderly parents, or those who function as sober companions or drivers.  The reason I don’t enjoy Nanny Law is that these individuals are often referred by trusted friends to care for a loved one, a very personal task.  They change diapers (for babies and the sick), they bathe, they sooth, they hold hands.  When the Nanny and the individual to be cared for get along, the family w ..read more

Yes, you can now be sued for sick pay violations (makes us sick too). In Wood v. Kaiser Foundation Hospitals, the Court analyzed the statutory framework and legislative history of the sick pay statutes and ruled that employers may now be sued to enforce California’s sick pay statute under the Healthy Workplaces Families Act of 2014 through the infamous Private Attorneys General Act of 2004 (“PAGA”). Previously, plaintiffs could not bring sick pay claims as a private right of action (which is why you haven’t been sued for them yet). That changed following the court’s recent ruling in Wood. Loo ..read more

As a backdrop, and as we previously explained [here and here], Courts are split on whether to stay or dismiss representative PAGA claims after individual PAGA claims are compelled to arbitration. However, assuming the Court stays the representative PAGA claims or even allows the representative PAGA claims to proceed simultaneous to the individual PAGA claims in arbitration—could issue preclusion strip the PAGA representative of standing? In the past, California courts have held that settlement of an individual PAGA claim does not affect a plaintiff’s right to bring representative PAGA claims ..read more

Can you take the “human” out of Human Resources? With the increasing curiosity and use surrounding ChatGPT and other AI platforms, businesses are struggling with how to manage the use of AI in the workplace. Weighing the benefit of technological advances and the potential pitfalls of the same, human resources professionals are in various stages of drafting guidelines, or implementing policies, to address workplace use. While each policy should be customized for the workplace and its likely AI use, here are some key points to consider in implementing workplace guidelines: Ensure protection of ..read more

On April 14, 2023, the California Civil Rights Division (“CRD”) updated its frequently asked questions page regarding SB 1162, which sets forth California’s new pay data reporting requirements. The revised April 14th guidance provides an “enforcement deferral period,” from May 10 to July 10, 2023, for filing Labor Contractor Employee Reports. By now, California employers of 100 or more employees are familiar with the January 1, 2023, updates to the Equal Pay Act as amended by Senate Bill No. 1162 (“SB 1162”) which, in part, imposed detailed reporting requirements upon employers. The CRD publi ..read more

The California Supreme Court granted review of Adolph v. Uber Technologies, Inc. (“Adolph”) in July 2022. The case calls into question whether a PAGA representative maintains standing for the representative portion of their PAGA claim after their individual PAGA claim was compelled to arbitration. State courts across California are split on whether to stay, dismiss, or allow the representative PAGA action to continue, despite the individual PAGA claims being compelled to arbitration. The central question is whether someone with an individual PAGA claim in arbitration can still serve as a repr ..read more