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Unlimited PTO in California – Is This Actually a Good Idea to Retain Employees?

The COVID-19 pandemic sparked an ongoing upheaval in the California (and greater U.S.) labor market. Extensive job losses early in the pandemic have led to a tight labor market, which arose in part due to the phenomenon now known as the Great Resignation. With employees resigning from positions at a record rate, employers are left scrambling to retain and recruit...

Next on the Chopping Block: In Light of Recent Removals of the Agricultural Exemption from State Wage and Hour Laws, Employers Are Wondering Which Employees Are Exempt and for How Much Longer?

Agricultural employers are often at the mercy of nature which causes constant fluctuations in labor needs. Given the unique nature of the agricultural industry, their workers have historically been exempt from minimum wage and overtime requirements. These requirements differ from state to state, and employers are noting a change in the agricultural exemption. Some states have removed, or are considering...

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge.  This has generated some concerns from employees who do not want to return to the work place. Can employers require employees to return to work if the employees...

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What Do Employers Need to Know Following the Passage of California’s New Law on Independent Contractor Misclassification?

On September 18, 2019, Governor Gavin Newsom signed into law Assembly Bill 5, which clarifies when workers should be considered “employees” under the California Labor Code and the California Unemployment Insurance Code, thereby entitling them to the protections afforded by those laws. The bill codifies the standard set out in last year’s California Supreme Court decision, Dynamex Operations West, Inc....

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and sometimes even interning with the employer. Other employers experience delays in hiring foreign nationals needed for specialized positions despite the obvious qualifications of the candidate. These employers’ frustrations reflect the...

Multistate Non-solicitation Agreements: Does One Size Fit All?

Multistate Non-solicitation Agreements: Does One Size Fit All?

Many employers have offices in multiple states, but want to have one form of employee agreement prohibiting solicitation of employees and customers. Since some state laws, namely California, may be too different to reconcile with other states, what sort of non-solicitation agreements work in California? In California, non-solicitation agreements are reviewed as contracts which prevent a person from engaging in...

How Important are Irreparable Injury Provisions in Non-Compete Agreements?

How Important are Irreparable Injury Provisions in Non-Compete Agreements?

Today’s workforce is more mobile than in past generations. Long gone are the days when an employee started and ended a career at the same company. Knowing how to protect your company’s confidential information when a trusted employee leaves can have a lasting impact on your ability to compete. So, what can you do when a former employee goes to...

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with legal jargon. Should employers then consolidate disclosures and authorizations to simplify the hiring process? Not when doing a credit check pursuant to the Fair...

Court Halts DOL Rule Set To Extend Overtime To Millions on December 1

Court Halts DOL Rule Set To Extend Overtime To Millions on December 1

In an unexpected decision, on Tuesday, November 22nd, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction against implementation of the Department of Labor’s (“DOL’s”) controversial final Rule expanding overtime eligibility for millions of workers, which was set to take effect on December 1st. The DOL’s new Rule, issued on May 18, 2016, nearly...