URGENT UPDATE: New Workplace Posting Requirement Effective April 1

by Michelle Ferber and Ben McDonald The Department of Fair Employment and Housing (DFEH) has mandated a new workplace posting and notice requirement for California employers effective April 1, 2016.  The new notice informs employees of their rights and obligations regarding pregnancy leave.  For employers who purchased an all-in-one poster for your business, this means that your poster will no

Employers Required to Maintain Written Harassment, Discrimination, and Retaliation Policy

by Michelle R. Ferber and Ben McDonald Beginning April 1, 2016, the California Fair Employment and Housing Act (FEHA) will require employers with five employees or more to develop and maintain a written discrimination, harassment, and retaliation policy.  While FEHA has always prohibited this conduct in the workplace, the Department of Fair Employment and Housing (DFEH) has never before required

Workplace Posting Requirements in California

by Michelle Ferber and Ben McDonald California employers face some of the most employee-protective laws in the country.  Among the burdens placed on California employers is the requirement of workplace postings.  There are at least 17 notices that employers must place in an area frequented by employees where they may be easily read during the workday.  The required notices consist

Hiring in the Social Media Age: Pitfalls and Best Practices

by Michelle Ferber and Ben McDonald With roughly 75% of American adults using social media, there is no denying that social media will increasingly become a standardized method for us to learn about one another.  In the employment context, employers now have access to depths of information regarding employees and applicants that has never before been so readily available.  A

Southern California Employment Law Seminar

I would like to invite those of you in Southern California to an Employment Law Update seminar.  This complimentary two-hour seminar will be held on Wednesday, February 24, 2016 from 10:00 a.m. to 12:00 p.m. in Tarzana and will include a light snack beginning at 9:30 a.m.  The seminar is designed to introduce and educate business owners to the employment

Avoiding the Bite of ADA Violations: Service Animals and Business Owners

by Michelle Ferber and Ben McDonald Most business owners are familiar with the Americans with Disabilities Act (ADA) which authorizes disabled persons to be accompanied by service animals in public places where animals are usually prohibited. However, how would you react to finding a horse in your restaurant? Or to encountering a seemingly unencumbered person asking you to provide water

New Piece-Rate Wage Laws Threatens Employers’ Peace

by Michelle Ferber and Ben McDonald Piece-rate compensation, or employee compensation systems in which the employee is paid only for each unit of production, has come under scrutiny in state and federal courts in recent years and was dealt a substantial blow when Governor Brown signed AB 1513 on October 10, 2015.  Codifying the results of state and federal litigation,

Healthcare Worker Meal Breaks and Conflicting California Laws

by Michelle Ferber and Ben McDonald On October 5, 2015, the California legislature passed into law a codification of a provision in the Industrial Welfare Commission’s Wage Order No. 5 in response to litigation which threatened to invalidate the Wage Order’s protection of the meal breaks required to be provided to health care workers. The California Department of Industrial Relations

Employers Can Now Cure Wage Statement Violations Prior to PAGA Lawsuits

by Michelle Ferber and Ben McDonald In 2004, California passed the Labor Code Private Attorneys General Act (PAGA) which authorizes employees to bring civil actions against employers for penalties that would otherwise be pursued and collected by the Labor and Workforce Development Agency (LWDA).  Simplified, PAGA allows an employee to individually enforce existing California Labor Code violations on behalf of

Still No Pay for Play – But Larger Scholarships Are Now Fair

by Michelle Ferber and Ben McDonald The National Collegiate Athletic Association (NCAA) has long had a ban on compensating student-athletes for the uses of their names and likenesses, citing the organization’s dedication to amateurism.  This sounds plausible but inconsistent with the millions of dollars being derived from the entertainment value of those athletes.  Capitalizing on this issue, student-athletes Ed O’Bannon