Legal News and Updates
Pre-employment wages may not be used to justify paying women less than men: Ninth Circuit decides major Fresno case under the federal Equal Pay Act
All California employers have a legal responsibility to pay wages and salaries in nondiscriminatory fashion. We recently published a post about a new California law that took effect on January 1, 2018, that forbids employers from asking new hires - either orally or in...
U.S. Supreme Court: Employers May Require Employees to Arbitrate their Claims Individually and Waive Their Rights to Class Actions
Employers just gained a huge victory from the United States Supreme Court regarding the arbitration of employment-related claims. On May 21, 2018, in a narrow 5-4 decision, the Court held that employers may include a clause in their employment contracts that requires...
Employee or contractor? Court watchers get whiplash
In March, we wrote about a new federal case interpreting California employment law on the question of whether a worker should be classified as an employee or an independent contractor. As we described, in that case about a Grubhub driver, the court found that under...
Court says employer is not required to provide indefinite disability leave
The U.S. District Court for the Southern District of California issued a decision on February 2 that provides instruction for California employers on a unique situation: Whether an employer must continue to renew multiple requests for ongoing medical leave for total...
What does it mean for employers to make reasonable accommodations?
Numerous state and federal laws prohibit discrimination and harassment in the workplace based on protected worker characteristics such as disability. Employers are also required to make reasonable accommodations in the workplace for employees with physical or mental...
U.S. sues over California law that protects immigrants at work
We recently wrote about a new California state law that took effect on January 1 imposing new legal responsibilities on employers in certain immigration-related situations. To recap, the main provisions of the law require California employers to: Only let federal...
Is an alternative workweek right for your business?
When competing for talented employees, many businesses look for new ways to provide flexibility to current employees and attractive options to potential hires. Taking advantage of California's alternative workweek is one way to accommodate the lifestyles of many...
A look at estate planning and the new SALT deduction limits
Given extensive changes coming with the new federal tax law (the Tax Cuts and Jobs Act of 2017), it is a good idea for all taxpayers, especially those in higher income brackets, to sit down with an estate planning attorney to discuss whether their estate plans should...
Bill would ban discrimination against medical cannabis patients
As you may know, California's legalization of recreational cannabis use does not prevent employers from enforcing drug-free workplace policies. Employers may decline to hire job applicants or fire employees who test positive for cannabis. Since the California Supreme...
Why a durable power of attorney should be part of your estate plan
A common misconception is that estate planning is only about what happens to your property after your death. The financial or durable power of attorney is an aspect of estate planning that can help manage your affairs while you are still very much alive. Giving a...