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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…
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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…
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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…
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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…
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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…
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Fair, Firm, and Friendly
How you manage the workforce is vital to your company’s success.
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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…
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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:…
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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…
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F3HR Consulting = Firm, Fair, and Friendly
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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…
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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…
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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…
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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…
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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…
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2023 New California Labor and Employment Laws
California employers – Ready for 2023?
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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,…
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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…
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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:…
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WFH – work from home or work from “home?”
Remote work can generate potential issues for employers. Is your business compliant?
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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…
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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…
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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…
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“We can’t accommodate spitting”
Sometimes…follow us for more on all things human resources.
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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.…
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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.…
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California Tightens Rules on Vehicle Tracking, Fleet Management
California Employers: Follow us for updates on ever changing legislation that affects your business.
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CALIFORNIA COVID19 EXPOSURE NOTICE REQUIRED UNTIL 1/1/2024
CV19 exposure notice in effect until 1/1/2024
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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.
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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…
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Be Careful Not to Cut Off the Interactive Process Too Quickly
Stay attentive to your practices. Not doing so may cost you.
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Employers: Be Careful What You Include In A Handbook
Beware of what you include in your handbook….
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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.
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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.
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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.
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Employee Is Awarded $450,000 for His Unwanted Birthday Party
Be attentive to red flags in the workplace.
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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.
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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.
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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.
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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.
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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.
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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.
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The reason for this post…more coming soon.
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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.
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What should an employer do to address a discovered symbol of racial hate in the workplace?
Take action to protect your business from racism.
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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…
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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…
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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…
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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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Missed Payroll in the Wake of Bank Collapse: Implications and Strategies
In the wake of the recent news of bank failures, businesses—and their investors—are rightly concerned about the implications of a missed or delayed payroll. Let’s look at those implications, and strategies for minimizing risk. Obligation to Make Payroll Under federal and most state laws, employers have both timing-of-pay and frequency-of-pay obligations. Under most of these…
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Human Resources is not a luxury, it is an integral part of your operation. It only takes one employee to destroy what you have been working towards. Why wait?
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New Service Coming Soon….
In celebration of our 2nd Anniversary on April 1, 2023, Gerbs Corp (“F3HR Consulting) is launching a new service under our new division – EECS. Want to learn more? Stay tuned for an announcement in the coming days.
- Helping businesses succeed by supporting their strategies and aligning the workforce.