By Julie Ann Giammona Commencing January 1, 2019, California  employers were prevented from including provisions in severance agreements that prohibited an employee from disclosing facts about workplace harassment and discrimination based on gender.  Effective January 1, 2022, Senate Bill 331(SB 331), expands such prohibition to include the disclosure of facts related to claims of harassment or discrimination on the basis

ALERT: Wage Theft Equals Grand Theft

On September 27, 2021, Assembly Bill No. 1003 (“AB 1003”) was signed into law. AB 1003 makes the intentional “theft of wages” from an employee a form of “grand theft”, punishable by Penal Code Section 487m. Importantly, AB 1003 defines employee to include independent contractors, and employer to include the hiring entity of the independent contractor, expanding the scope of

Updates on AB 51 and Its Effect on Arbitration Agreements in Employment Contracts

By Adam Nathaniel Arce Background: AB 51 In 2019, Governor Newsom signed into law California Assembly Bill 51 (“AB 51”). AB 51 has the following effects: Prohibits employers from requiring employees to sign arbitration agreements as a condition of employment, requiring instead that the arbitration agreement be entered into consensually by the parties. Prohibits retaliation or discrimination against an employee

Lawyer Business Advantage Podcast with Michelle Ferber

To listen to Michelle’s talk with Podcast Producer Alay Yajnik, click here.   IN THIS EPISODE, ALAY AND MICHELLE DISCUSS: Keeping focused on the people factor. Creating a culture of trust, flexibility, and productivity. Talent retention, leading and growing your team.   KEY TAKEAWAYS: Create a culture where you can trust your employees – give people the ability to do

SOME INSIGHT FROM THE CALIFORNIA LABOR COMMISSIONER’S OFFICE: Affirmative Steps Employers Can Take to Encourage Meal Breaks

In a recent victory on behalf of one of our clients, Ferber Law successfully defeated all claims for alleged missed meal breaks.  The opinion of the Labor Commissioner provides insight as to what employers can do to create evidence of providing employees with an opportunity to take a meal break and were not discouraged, impeded or otherwise prevented from taking