• California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation

    California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation

    The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the number of defendants that can be swept into a FEHA action, but it may also have a significant impact on California’s…


  • ‘Quiet Quitting’ Is Getting Louder – 7 Ways Employers Can Bolster Employee Engagement and Address the Risks of ‘Loud Quitting’

    ‘Quiet Quitting’ Is Getting Louder – 7 Ways Employers Can Bolster Employee Engagement and Address the Risks of ‘Loud Quitting’

    Employers have been concerned about “quiet quitting” for some time now, looking for ways to foster employee engagement and productivity. And new data shows the importance of doing so because “quiet quitting” has turned into “loud quitting.” According to a new report from Gallup of more than 120,000 global employees, 18% of global employees are…


  • California Announces Minimum Wage Increase to $16 Per Hour Starting January 1, 2024

    California Announces Minimum Wage Increase to $16 Per Hour Starting January 1, 2024

    On July 31, 2023, California’s Director of Finance certified that the state’s minimum wage for all employers will increase to $16 per hour, effective on January 1, 2024.This announcement followed the completion of an annual review by the state’s Department of Finance in order to determine if the minimum wage must be increased due to…


  • The Essentials – California Employment Law Update

    The Essentials – California Employment Law Update

    Over the last few months, several important developments have come into effect. Notably, the injunction on the California Consumer Privacy Act (CCPA) makes enforcement take effect in March of 2024, giving employers more time to finalize internal policies for compliance. We also note two new ordinances for Los Angeles businesses. California Chamber of Commerce V.…


  • Can Employers Still Use the FMLA Forms that Expired on June 30, 2023?

    Can Employers Still Use the FMLA Forms that Expired on June 30, 2023?

    Particularly observant employers may notice (and worry) that the U.S. Department of Labor’s model Family and Medical Leave Act forms and notices that they have been using have an expiration date of June 30, 2023, and that the forms now available on the DOL’s website have a new expiration date of June 30, 2026. But…


  • OSHA’s New Emphasis Program Aimed at Reducing Warehouse Hazards

    OSHA’s New Emphasis Program Aimed at Reducing Warehouse Hazards

    On July 13, 2023, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new national emphasis program (NEP) aimed at preventing workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments. The NEP was developed in response to the Bureau of Labor Statistics’ data showing that injury and illness rates for these establishments…


  • California Supreme Court Finds Employers Not Liable for Nonemployees’ Take-Home COVID-19 Claims

    California Supreme Court Finds Employers Not Liable for Nonemployees’ Take-Home COVID-19 Claims

    The state’s Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees’ household members. Although the Court, in Kuciemba v. Victory Woodworks, Inc., found that an employee spouse’s negligence claims were not barred by the Workers’ Compensation Act (WCA, Labor Code section…


  • Link to New Form I-9

    Link to New Form I-9

    Alas, the new Form I-9 can be found here: https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf


  • Employers May Not Use Severance Agreements to Substitute for COBRA Compliance

    Employers May Not Use Severance Agreements to Substitute for COBRA Compliance

    A New Jersey federal district court has ruled in a case involving an employer’s alleged failure to notify a former employee of her COBRA rights or promptly process her request for continued health coverage. The case is Davis v. World Ins. Assocs., LLC, 2023 WL 2665727 (D.N.J. 2023). Davis filed an employment discrimination lawsuit against her…


  • Hey CEOs – Be Careful with Those Diversity Initiatives!

    Hey CEOs – Be Careful with Those Diversity Initiatives!

    A few years back, during the initial surge of corporate diversity, equity and inclusion initiatives in response to the killing of George Floyd and the #BlackLivesMatter movement, I wrote a blog post that applauded corporations for focusing on the issue – but also cautioned them to avoid inadvertently violating anti-discrimination laws in their eagerness. Well, following the…


  • Why Are Some Employers Limiting Pre-Employment Marijuana Testing?

    Why Are Some Employers Limiting Pre-Employment Marijuana Testing?

    Now could be good time for employers to review their drug testing policies. Most states have legalized medical use of marijuana. Federal legalization or reclassification of marijuana from its status as a Schedule I controlled substance is on the horizon. And more states are legalizing marijuana for recreational use or enacting workplace protections for its…


  • Upcoming Changes to State Laws

    Upcoming Changes to State Laws

    With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws,…


  • States Continue Trend of Banning Employee Non-Competes

    States Continue Trend of Banning Employee Non-Competes

    Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that non-competition agreements violate the National Labor Relations Act “[e]xcept in limited circumstances,” on May 24, 2023, Minnesota’s Governor signed into law Bill SF 3035 banning employee non-compete provisions. Becoming…


  • You Can’t Fire Me For A Facebook Post! I Have A Right To Free Speech! (US)

    You Can’t Fire Me For A Facebook Post! I Have A Right To Free Speech! (US)

    Ohio Court of Appeals Disagrees, Confirming That Employees Cannot Succeed on Free Speech Violation Claims Against Private Employers (US) Rita Hall worked for Kosei St. Marys Corporation (“KSM”) as a line supervisor. In June 2020, Ms. Hall posted an offense image on her public Facebook page comparing a group of monkeys to a group of…


  • Four Things You May Not Know About … the Family and Medical Leave Act

    Four Things You May Not Know About … the Family and Medical Leave Act

    The FMLA applies, with limited exception, to employers with 50 or more employees during 20 or more calendar weeks in the current or preceding year. It in turn provides eligible employees with up to 12 weeks (or, in limited instances involving care of a military servicemember, 26 weeks) of unpaid, job-protected leave for reasons including…


  • What to Do With a Fired Employee’s Things?

    What to Do With a Fired Employee’s Things?

    Throwing them out is not the correct answer, according to the U.S. Court of Appeals for the Fourth Circuit. In Robinson v. Priority Automotive Huntersville, Inc., two employees resigned from their jobs and sued their employer. In addition to claiming a racially hostile work environment (which was dismissed by the Fourth Circuit for failing to meet…


  • When an Employer Interviews an Employee, The Power of the NLRA Compels You!

    When an Employer Interviews an Employee, The Power of the NLRA Compels You!

    When an employer receives a complaint of workplace misconduct, they often must conduct an investigation that may include interviewing employees. Interviewing an employee is not as simple as one may assume. Employees may have legal rights and protections that restrict an employer’s ability to interview them. Navigating those rights and protections is essential in insulating…


  • EEOC releases mandatory posting change

    EEOC releases mandatory posting change

    The Equal Employment Opportunity Commission (EEOC) has released an updated Know Your Rights: Workplace Discrimination is Illegal posting that covered employers must post as of June 27, 2023. The poster adds information about employee rights under the Pregnant Workers Fairness Act (PWFA). It notes that: On the new poster, the agency also added information about…


  • A Tip for Businesses: Don’t Steal Employees’ Gratuities, Skimp on Sick Leave

    A Tip for Businesses: Don’t Steal Employees’ Gratuities, Skimp on Sick Leave


  • Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use

    Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use

    Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two pounds of cannabis flower in the individual’s private residence, among other things. Minnesota has had a medical cannabis law…


  • Non-compete agreements declared unlawful by NLRB General Counsel

    Non-compete agreements declared unlawful by NLRB General Counsel

    On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued GC Memorandum 23-08, asserting that non-compete agreements generally violate the National Labor Relations Act. Much like the FTC’s recent proposed regulation banning non-compete agreements and the growing number of state statutes restricting their use, the memorandum is designed to curb the use…


  • NYC Enacts Height and Weight Anti-Discrimination Ordinance

    NYC Enacts Height and Weight Anti-Discrimination Ordinance


  • 401(k) Plans: Can Interns be Excluded?

    401(k) Plans: Can Interns be Excluded?

    As summertime rolls around and employers prepare for a fresh crop of interns, the question may arise whether those interns can be excluded from participating in the 401(k) plan. The answer is generally yes, but different conditions must be satisfied depending on whether the intern job classification results in an indirect service requirement. An employer…


  • Bracing for Impact: California Supreme Court Strengthens Whistleblower Protections

    Bracing for Impact: California Supreme Court Strengthens Whistleblower Protections

    The broad interpretation of “disclosure” under the California Labor Code now includes information already known by an employer. The prohibition on retaliation against employees who make protected disclosures will be strongly enforced. Employers should stay up-to-date with whistleblower laws and regulations to avoid legal issues related to retaliation. In a landmark decision, the California Supreme…


  • EEOC Issues New Resource On Artificial Intelligence Use In Employment Decisions

    EEOC Issues New Resource On Artificial Intelligence Use In Employment Decisions

    As the EEOC is well-aware, employers now have a wide variety of algorithmic decision-making tools available to assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal, and referral. Employers increasingly utilize these tools in an attempt to save time and effort, increase objectivity, optimize employee performance, or decrease…


  • Can an employee’s hostile, abusive, or offensive speech actually be protected and, if so, when?

    Can an employee’s hostile, abusive, or offensive speech actually be protected and, if so, when?

    In a 2020 decision, the NLRB changed the way it traditionally evaluated an employee’s hostile or abusive conduct that occurs during protected Section 7 activity and that leads to the employee’s discipline. In General Motors, 369 NLRB 127 (2020), the Board decided it would no longer apply long-established “setting-specific” standards to assess whether an employer wrongfully…


  • Labor Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct

    Labor Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct

    The National Labor Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labor Relations Act. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023). The decision applies retroactively to all pending “abusive conduct” cases. Overruling General Motors, 369 NLRB No. 127 (2020), the…


  • “Not a Good Fit” Termination Is Still Not a Good Fit

    “Not a Good Fit” Termination Is Still Not a Good Fit

    It’s time to reexamine the conventional wisdom that “not a good fit” should never be used to justify termination of employment, but only if that negative conclusion about the employee is sufficiently corroborated and is not a subterfuge for an employer’s unlawful motivation. A federal court of appeals just ruled that telling an employee that her contract…


  • Upcoming Changes to State Laws

    Upcoming Changes to State Laws

    With new state employment laws continuously being enacted, it can be challenging to keep up on each change and ensure that your policies and practices are compliant. We have your solution. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws,…


  • GPT AI: When Will I be Replaced?

    GPT AI: When Will I be Replaced?

    Participating in the Summit on Legal Innovation and Disruption (SOLID) in Chicago last week was an eye-opening experience for many, including me. Lots of terrific content was presented and discussed among a smart and innovative group of participants, including in-house and outside legal professionals and consultants. The impact of ChatGPT and other generative artificial intelligence…


  • On-Call/Standby Time: Do We Really Have to Pay Employees When They Are Not Working?

    On-Call/Standby Time: Do We Really Have to Pay Employees When They Are Not Working?

    In California, the state’s Wage Orders generally define an employee’s hours of work as the “time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” Although this basic rule appears relatively straightforward…


  • 7 Key Takeaways | Code-Switching: Shifting the Way We Communicate and Present Ourselves in the Workplace

    7 Key Takeaways | Code-Switching: Shifting the Way We Communicate and Present Ourselves in the Workplace

    Kilpatrick Townsend partner Samera Ludwig participated in a panel on “Code-Switching: Shifting the Way We Communicate and Present Ourselves in the Workplace” during CenterForce’s Driving Diversity in Law & Leadership Summit in Chicago, Illinois, as part of the Women in Law Series. Ms. Ludwig provides her 7 Key Takeaways from the panel: Source: Kilpatrick Townsend…


  • Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”

    Looking to Prevent and Address Workplace Retaliation, Government Leaders from DOL, NLRB, and EEOC Present Employers with “Best Practices”

    Solicitor Nanda explained, despite nuances among the laws and standards enforced by the participating agencies, retaliation generally encompasses an employee’s engaging in protected activity, which results in an adverse action. Adverse actions can include termination, confiscating immigration documents, threats, shift changes, reducing hours or responsibilities, blacklisting, demotion, isolation, and ostracizing – effectively any action dissuading…


  • 2023 Challenges for Employer Background Screenings

    2023 Challenges for Employer Background Screenings

    Employers will likely experience various challenges in 2023 as they conduct background screenings for prospective employees. These challenges will arise from heightened government oversight of automated screening technology, laws limiting access to public records and criminal history, and expanded marijuana legalization. Automated Screening Systems Employers have long had to comply with the regulations and guidance…


  • Third Circuit Rules that PTO Is Not Part of FLSA Salary

    Third Circuit Rules that PTO Is Not Part of FLSA Salary

    On March 15, 2023, the U.S. Court of Appeals for the Third Circuit held that paid time off (PTO) is not part of an employee’s salary for purposes of the Fair Labor Standards Act (FLSA). In Higgins v. Bayada Home Health Care Inc., the Third Circuit upheld the partial grant of summary judgment by the U.S.…


  • “Failing to report is not a protected activity under Title VII.”

    “Failing to report is not a protected activity under Title VII.”

    A manager who chose to conduct her own investigation into a harassment complaint, rather than following her employer’s reporting protocol, did not have a valid retaliation claim, according to the U.S. Court of Appeals for the Seventh Circuit. In Alley v. Penguin Random House, the employer established a harassment reporting procedure that, among other things, required managers…


  • PTO ≠ Salary Under the FLSA

    PTO ≠ Salary Under the FLSA

    Addressing the question for the first time, the U.S. Court of Appeals for the Third Circuit held that paid time off is not part of an employee’s salary under the Fair Labor Standards Act and, thus, deductions from an exempt employee’s PTO bank are not improper reductions in salary. The FLSA provides for exemptions from…


  • HAPPY SECOND BIRTHDAY F3HR CONSULTING

    HAPPY SECOND BIRTHDAY F3HR CONSULTING

    What have I learned these past two years? Stay on it. No one is going to come and save you. Be patient. You’ve got this. Nothing is certain until the client signs the contract. Network, network, network. There is so much to do as a Solopreneur – CEO, COO, CMO, CFO, CPO….all of it. Let…


  • NDA Law in California

    NDA Law in California

    NDAs (Non-Disclosure Agreements) are in the news this week as it became public that Tiger Woods’ ex-girlfriend Erica Herman filed two separate complaints in Florida after their six-year relationship came to an end. The first suit was filed in October 2022 and alleges a trust owned by Woods violated Florida’s Landlord-Tenant law by essentially evicting…


  • Say What? NLRB Rules Employees May Tape Record Others in Violation of State Law.

    Say What? NLRB Rules Employees May Tape Record Others in Violation of State Law.

    When I was first practicing law, I quickly learned that the answer to many legal questions under National Labor Relations Act depends on which Board’s decision you pick. If the Board has a majority of Members (the name for those people who issue decisions) appointed by a Republican President, I was likely to find an…


  • Department of Labor Says FMLA Leave May Be Used to Reduce Work Schedule Indefinitely

    Department of Labor Says FMLA Leave May Be Used to Reduce Work Schedule Indefinitely

    In a troubling opinion letter for employers, the Wage and Hour Division of the U.S. Department of Labor has asserted that employees may use leave under the Family and Medical Leave Act to reduce their work hours for an indefinite period, as long as they do not exhaust their FMLA leave. It also offers some insight into…


  • Mandatory or Not? The Ninth Circuit’s Recent Decision Brings Welcome News For California Employers Considering Mandatory Arbitration Agreements

    Mandatory or Not? The Ninth Circuit’s Recent Decision Brings Welcome News For California Employers Considering Mandatory Arbitration Agreements

    In September 2021, in Chamber of Commerce of the United States of America v. Bonta (“Bonta I”), the Ninth Circuit upheld, in a divided panel, parts of California Assembly Bill (“AB”) 51—which prohibits employers from entering into mandatory arbitration agreements and includes criminal and civil penalties for violations—holding that portions of AB 51 are not preempted by…


  • Department of Labor Issues Guidance on the FLSA and FMLA for Remote Workers

    Department of Labor Issues Guidance on the FLSA and FMLA for Remote Workers

    On February 9, 2023, the Department of Labor Wage and Hour Division issued a Field Assistance Bulletin concerning the application of certain provisions of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to teleworking employees. The bulletin provides guidance on compensable time, breaks for nursing employees who are teleworking, and FMLA eligibility…


  • Fair, Firm, and Friendly

    Fair, Firm, and Friendly

    How you manage the workforce is vital to your company’s success.


  • Only One Notice Required for Intermittent FMLA Leave

    Only One Notice Required for Intermittent FMLA Leave

    he U.S. Court of Appeals for the Sixth Circuit, in Render, v. FCA US, LLC, has ruled that only one FMLA-qualified notice is required from an employee for intermittent FMLA leave. Law. The FMLA entitles eligible employees to up to 12 weeks’ leave: (i) for one’s own serious health condition; (ii) to care for a seriously ill…


  • Cal/OSHA’s Non-Emergency COVID-19 Regulation Is Approved and in Effect for Next Two Years

    Cal/OSHA’s Non-Emergency COVID-19 Regulation Is Approved and in Effect for Next Two Years

    On February 3, 2023, California’s Office of Administrative Law approved Cal/OSHA’s COVID-19 Non-Emergency Regulation (NER). The NER is now the operative COVID-19 regulation for most California employers. Cal/OSHA also released FAQs, which are unpacked below. Overall, the NER is somewhat less burdensome for employers than the prior Cal/OSHA Emergency Temporary Standard (“3rd Revised ETS”). For example, the NER:…


  • Workplace Violence Affects Every Workplace – Employers Should Evaluate Their Policies and Training To Ensure Employees and Guests are Prepared

    Workplace Violence Affects Every Workplace – Employers Should Evaluate Their Policies and Training To Ensure Employees and Guests are Prepared

    Tragically, California is reeling from the effects of two mass shootings in almost as many days, each one leaving in its wake shattered lives. These devastating events are on top of what is shaping up to be an especially violent year so far, with multiple mass shootings taking place less than one month into the…


  • F3HR Consulting = Firm, Fair, and Friendly

    F3HR Consulting = Firm, Fair, and Friendly


  • 2023 Employment Law Checklist

    2023 Employment Law Checklist

    Each year, LP’s Employment & Executive Compensation Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find our 2023 Employment Law Checklist to be a helpful guide to best practices for the year ahead. Click here to…


  • Court Puts New Controversial Fast-Food Worker Law on Hold

    Court Puts New Controversial Fast-Food Worker Law on Hold

    On January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to stop the controversial Fast Food Accountability and Standards Recovery Act or “FAST Recovery Act” (AB 257) from taking effect, pending a vote by California voters. Previously, on December 30, 2022, the court had issued a temporary restraining order against the…


  • Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

    Run Over by the Failure to Train: Fifth Circuit Holds Inadequate Training May Be an Adverse Employment Action

    For employers, figuring out what constitutes an adverse employment action under Title VII may seem elusive. In general, an adverse employment action is an ultimate employment decision that affects job duties, compensation or benefits. There are obvious ones like termination, demotion and failure to promote. But what about ones like shift changes, days off and…


  • Congress Adds Additional Protections for Pregnant Workers

    Congress Adds Additional Protections for Pregnant Workers

    In the recent $1.7 trillion Omnibus Spending Bill passed by Congress and signed into law by President Biden, two measures were included aimed at providing additional workplace protections for pregnant employees. The first measure is the Pregnant Workers Fairness Act (the “PWFA”) which applies to employers with 15 or more employees. The PWFA extends the…


  • Key Employee Policies for Companies

    Key Employee Policies for Companies

    Companies of all sizes should implement and maintain employee policies. Some of these employee policies are required by federal, state, or local law, while others are typically adopted as a matter of good corporate governance. These policies cover topics such as at-will employment, equal employment opportunity, disability and religious accommodations, workplace health and safety, code…


  • 2023 New California Labor and Employment Laws

    2023 New California Labor and Employment Laws

    California employers – Ready for 2023?


  • California: Cal/OSHA Adopts New COVID Regulation

    California: Cal/OSHA Adopts New COVID Regulation

    On Thursday December 15th, Cal/OSHA voted to adopt a new Non-Emergency COVID Regulation to replace the current COVID Emergency Temporary Standard (“ETS”). The ETS will remain in effect while the Office of Administrative Law (“OAL”) reviews the Non-Emergency COVID Regulation. The OAL has thirty working days to review. If the OAL approves the new regulation,…


  • Washington State Issues Final Policy on Pay Transparency in Job Postings, Setting Most Stringent Requirements in the Country

    Washington State Issues Final Policy on Pay Transparency in Job Postings, Setting Most Stringent Requirements in the Country

    Earlier this month, Washington issued its final Administrative Policy providing the state’s interpretation of the Equal Pay and Opportunities Act, which takes effect on January 1, 2023. The law provides that employers must disclose in each posting for each job opening: (1) the wage scale or salary range, and (2) a general description of all benefits and other…


  • Workplace holiday party quiz — Version 2022!

    Workplace holiday party quiz — Version 2022!

    How much do you know about workplace holiday parties? Take our quiz and find out! As always, the answers appear at the end of each question, so you can cheat all you want, and we’ll never know. If you do well, you’ll get a Secret Santa gift, selected especially for you! Ready? Here we go:…


  • WFH – work from home or work from “home?”

    WFH – work from home or work from “home?”

    Remote work can generate potential issues for employers. Is your business compliant?


  • California Minimum Wage Increases for 2023

    California Minimum Wage Increases for 2023

    Effective January 1, 2023, California employers will be required to meet new minimum wage requirements, at both the state and local level. This increase in the minimum wage affects not only non-exempt employees, but also the minimum annual salary requirement for overtime exempt employees. Increase and Consolidation of the California Minimum Wage Previously, the State…


  • Stick to the Schedule: Los Angeles Imposes Significant New Requirements on Retail Employers

    Stick to the Schedule: Los Angeles Imposes Significant New Requirements on Retail Employers

    On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“FWWO”). Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of Los Angeles with respect to both scheduling and hiring. It follows in the footsteps of similar predictive scheduling laws already…


  • Salary and Pay Range Disclosures in Job Postings: A Quick Guide to What US Employers Need to Know Right Now

    Salary and Pay Range Disclosures in Job Postings: A Quick Guide to What US Employers Need to Know Right Now

    As we wind up 2022 and head into 2023, all eyes are on salary and pay range requirements in job postings. Where these laws apply, what they require, and when they go into effect has been top-of-mind for US employers in 2022. Here’s what employers need to know now as they navigate the patchwork of…


  • “We can’t accommodate spitting”

    “We can’t accommodate spitting”

    Sometimes…follow us for more on all things human resources.


  • Conducting Formal Racial Equity Audits in the Workplace

    Conducting Formal Racial Equity Audits in the Workplace

    Companies have increasingly turned to formal racial equity audits to identify and address systemic bias and discrimination. Typically, a third-party or external law firm conducts a racial equity audit for a company by evaluating its policies, procedures, and practices. For instance, the auditor may look at the company’s recruiting, interviewing, hiring, promotion, and retention processes.…


  • With Election Day Around the Corner, Employers Need to Remember You May Have to Give Employees Time Off to Vote

    With Election Day Around the Corner, Employers Need to Remember You May Have to Give Employees Time Off to Vote

    Next week on November 8, voters will head to the polls around the country for our midterm elections for the U.S. House, certain Senate seats, governorships, and other elected offices. And while voters are headed to the polls, employers should remember that they may have a requirement to provide time off to employees to vote.…


  • California Tightens Rules on Vehicle Tracking, Fleet Management

    California Tightens Rules on Vehicle Tracking, Fleet Management

    California Employers: Follow us for updates on ever changing legislation that affects your business.


  • CALIFORNIA COVID19 EXPOSURE NOTICE REQUIRED UNTIL 1/1/2024

    CALIFORNIA COVID19 EXPOSURE NOTICE REQUIRED UNTIL 1/1/2024

    CV19 exposure notice in effect until 1/1/2024


  • Is your company in need of affordable and stable human resource operations? We partner with you to ensure your success. Call today for a no obligation consultation.

    Is your company in need of affordable and stable human resource operations? We partner with you to ensure your success. Call today for a no obligation consultation.

    F3HR Consulting. Compliance matters.


  • OSHA’s Top Ten Safety Violations for Fiscal Year 2022

    OSHA’s Top Ten Safety Violations for Fiscal Year 2022

    According to OSHA and NSC, Fall Protection – General Requirements remains at the top of the list for the 12th year in a row, followed by Hazard Communication and Respiratory Protection. Introducing the topic, Lorraine Martin, NSC president and CEO, said that “despite advancements in workplace safety, we continue to see the same types of…


  • Be Careful Not to Cut Off the Interactive Process Too Quickly

    Be Careful Not to Cut Off the Interactive Process Too Quickly

    Stay attentive to your practices. Not doing so may cost you.


  • Employers: Be Careful What You Include In A Handbook

    Employers: Be Careful What You Include In A Handbook

    Beware of what you include in your handbook….


  • Widespread Efforts to Organize Require Employer Preparation

    Widespread Efforts to Organize Require Employer Preparation

    In a recent article, the National Labor Relations Board (“NLRB”) reported that during the first six months of 2022, union representation petitions filed at the NLRB increased 57%—up to 1,174 from 748 during the first half of 2021.


  • DIR Issues FAQ’s to Give Employers the ABC’s Re: the ETS

    DIR Issues FAQ’s to Give Employers the ABC’s Re: the ETS

    California COVID-19 ETS is ever changing. Ensure you are aware of the new rules.


  • Refresher on California Commute Time

    Refresher on California Commute Time

    Do not let commute time rules go unnoticed. Employers must be aware of when to pay an employee for commute time.


  • Employee Is Awarded $450,000 for His Unwanted Birthday Party

    Employee Is Awarded $450,000 for His Unwanted Birthday Party

    Be attentive to red flags in the workplace.


  • Severity of Discipline May Be Based on the Employee’s Reaction to A Charge of Misconduct

    Severity of Discipline May Be Based on the Employee’s Reaction to A Charge of Misconduct

    Every situation is different. Ensure you discipline employees consistently and without bias.


  • California Employers with 5 to 50 Employees must register in Calsavers by June 30

    California Employers with 5 to 50 Employees must register in Calsavers by June 30

    California employers have a choice: to provide a private retirement savings account for its employees or via CalSavers. Compliance matters.


  • When Caregiver Discrimination May be Unlawful Under Employment Discrimination Laws

    When Caregiver Discrimination May be Unlawful Under Employment Discrimination Laws

    Applying policies or practices consistently is your key to success. We can help you navigate discrimination laws.


  • Employer’s Failure to Time Provide COBRA Election Notice Results in Retroactive Coverage and Penalties

    Employer’s Failure to Time Provide COBRA Election Notice Results in Retroactive Coverage and Penalties

    More than once have I come across employer’s that do not comply with the timely delivery of COBRA notices. Make sure you know who is responsible for this task within your organization. The penalties for non-compliance are steep.


  • Workforce Drug Test Positivity Climbs to Highest Level in Two Decades

    Workforce Drug Test Positivity Climbs to Highest Level in Two Decades

    I often come across employers that spend thousands of dollars drug testing employees that are not in sensitive positions or mandated by a government agency. Where do you stand? We help you define next steps for your business.


  • Employees may be terminated for performance issues discovered during fmla leave

    Employees may be terminated for performance issues discovered during fmla leave

    Oftentimes, employers do not take disciplinary action because an employee is on a protected leave of absence. Contact us for guidance before taking adverse action.


  • The reason for this post…more coming soon.

    The reason for this post…more coming soon.


  • To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices

    To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices

    Interesting read about drug testing in the workplace.


  • What should an employer do to address a discovered symbol of racial hate in the workplace?

    What should an employer do to address a discovered symbol of racial hate in the workplace?

    Take action to protect your business from racism.


  • Title VII Requires a Prompt Corrective Response, Not a Perfect Response

    Title VII Requires a Prompt Corrective Response, Not a Perfect Response

    So says the U.S. Court of Appeals for the Sixth Circuit in rejecting an employee’s claim that the employer failed to respond appropriately to his complaint of racial harassment. In Burns v. Berry Global, Inc., the employee reported multiple incidents of racial harassment (notes and nooses). After each incident, the employer took various actions, which in…


  • Excusing Unpredictable Attendance Is Not a Reasonable Accommodation

    Excusing Unpredictable Attendance Is Not a Reasonable Accommodation

    Although some employers may feel like they have to tolerate a lot as a reasonable accommodation under the Americans with Disabilities Act, one thing that they may not have to allow is unpredictable attendance, as the U.S. Court of Appeals for the Tenth Circuit recently reaffirmed. In Lamm v. Devaughn James, LLC, the employee, who had…


  • Volunteers May Work For Nonprofits Without Compensation

    Volunteers May Work For Nonprofits Without Compensation

    The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous:  Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of compensation?  The answer is YES.  Woods v. American Film Institute, Case No. B307220 (Cal. Ct. App. Dec. 17, 2021). Laurie Woods worked for…


  • Are California employers required to have an IIPP in place?

    Are California employers required to have an IIPP in place?

    Yes, businesses in California must have a written Injury and Illness Prevention Program (IIPP) no matter the size of the business. Each year, Cal/OSHA issues more fines to businesses in violation of the IIPP regulation than it does for any other standard. I can help you create an IIPP. Contact me for more information.


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