by Michelle Ferber and Ben McDonald The United States Equal Employment Opportunity Commission (EEOC) has issued guidance to American employers with regard to bathroom access for transgender employees. Since 2012, the EEOC has held that discrimination based on transgender status is sex discrimination in violation of Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination regardless
Los Angeles Likely to Be Fourth California City to Impose Unique Sick Pay Requirements
by Shannon Walpole On Tuesday, April 19, 2016, the Los Angeles (LA) City Council voted 13-1 to introduce legislation that if passed will double the amount of paid sick leave employers will be required to provide for employees working in LA. Under the California Healthy Families Act of 2014 that went into effect July of 2015, with very few exceptions,
California Supreme Court Takes a Stand on Seating Requirements in Employment
by Michelle Ferber and Ben McDonald Earlier this month, the California Supreme Court issued guidance regarding a lesser known labor requirement that California employers provide employees with suitable seating under certain circumstances. Found in nearly all of California’s Wage Orders, this requirement has been given new life by the court’s recent analysis and now demands the attention of nearly all
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
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