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California Advice and Counsel

California is one of the most challenging regulatory environments for employers in the country, due to the numerous laws governing employers.

Overview

Our team of attorneys is focused on providing employers with tailored California advice and strategies. We deliver both legal and practical guidance to assist California employers in navigating what are frequently multi-disciplinary issues.

As part of our legal services, we assist employers with understanding California rules including those pertaining to overtime, sexual harassment training, or leaves of absence (to name a few). Some specific services we provide include:

Discipline and Terminations

Litigation is expensive anywhere, but especially in California. Our team is available to discuss approaches for, and mitigating risks associated with, employee discipline and terminations. We also are a resource to review and offer advice on performance related documents, including performance improvement plans and employee warnings.

Disability, Leave and Health Management Advice

Working with our Disability, Leave and Health Management team, we provide advice regarding California specific leave and accommodation issues. With California’s unique body of leave laws employers grapple with a variety of leave and reasonable accommodation compliance issues. Our team is available to provide guidance and assistance with the following:

  • California’s Paid Sick Leave Law, including how provisions of the law interact with the multiple local ordinances across the state
  • Analysis and application of leave and reasonable accommodations, including how to navigate the interactive process
  • California tailored leave of absence forms and notices
  • Navigating the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) law while maintaining compliance with the Family Medical Leave Act (FMLA)
  • Compliance with multiple variations of leave laws including:  domestic violence, kin care, and school attendance leaves
  • Preparation of leave related communications on behalf of Human Resources and Legal departments
  • Leave and disability related policies and training

Wage and Hour Advice

Our Wage and Hour team has a deep understanding of California’s nuanced wage and hour laws, and together we work with employers to help them meet compliance objectives with the goal of avoiding future claims whenever possible. Our team is available to partner with you in the following areas:

  • California and state specific annual minimum wage increases
  • Rules regarding timing of employee pay, including final pay
  • Timekeeping, overtime, and meal and rest period compliance
  • Compensation plan reviews
  • Analysis of exemption classifications
  • Independent contractor classification reviews
  • Wage and hour policy related reviews and training

Policy Reviews and Other Employee Related Documents

Due to California’s requirements, many multi-state employers have either standalone handbooks or detailed handbook supplements for their California employees. From individual policies to entire handbooks, we offer policy reviews and guidance for employers that can be customized to your business. Our team also provides valuable insights in the review and preparation of any type of employment related document or contract, including employee job descriptions, employment applications, and arbitration agreements.

And More

If you have employees in California, our team can help. We offer practical legal advice, tailored to your business and intended to create proactive strategies for employers to achieve compliance with legal requirements and to manage daily employee related issues with minimal disruption to your business.

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Archived

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For California Employers, Pay Equity Keeps Getting More “Comp”licated

March 30, 2017 - 1:00 PM to 2:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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Archived

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California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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March 31, 2017

New California Healthcare Workplace Safety Prevention Regulation Effective April 1, 2017

March 31, 2017

Healthcare employers in California must comply with a host of new workplace safety requirements, effective April 1, 2017, on preventing workplace violence. The new requirements include written workplace violence prevention plans, additional recordkeeping, and preventive training, among other things. On December 8, 2016, the state’s... Read More

February 28, 2017

Los Angeles Issues Rules and Regulations Implementing ‘Ban the Box’ Legislation

February 28, 2017

The Los Angeles Fair Chance Initiative for Hiring Ordinance (“FCIHO”) went into effect on January 22, 2017. The Bureau of Contract Administration (BCA), the Designated Administrative Agency responsible for enforcing the Ordinance, has issued “Rules and Regulations” (“Regulations”) for the FCIHO. These are published on the BCA’s Office of... Read More

February 8, 2017

California Court Provides Additional Guidance on Timecard Rounding, Grace Period Claims

February 8, 2017

Under California law, employers’ policies may permit rounding of employee timecard entries to the nearest tenth of an hour (six minutes), the Fourth Appellate District of the California Court of Appeal has affirmed. Silva v. See’s Candy Shops, Inc., No. D068136 (Dec. 9, 2016, published Jan. 5, 2017) (“See’s Candy II”). The Court also... Read More

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Third Time’s the Charm: California’s Proposals to Expand its Equal Pay Protections . . . Again
May 23, 2017

With amendments to the California Fair Pay Act (“CFPA”) in effect for less than six months, the state legislature has introduced three new bills to further expand the state’s equal pay laws. Read More

By Claudia Halasz

Employer’s Enforcement of Its Call-In Policy Was Reasonable Vis-à-Vis a Disabled Employee
May 18, 2017

Employers frequently struggle with enforcement of call-in and job abandonment policies when there has been a lack of communication by a disabled employee. Read More

Class Action Waiver in Employment Arbitration Agreement is Unenforceable, Court Rules
May 15, 2017

A class action waiver in an arbitration agreement is unenforceable under the National Labor Relations Act, Judge Gonzalo P. Curiel has ruled. Neal Pataky et al. v. The Brigantine, Inc., No. 3:17-cv-00352 (S.D. Cal. May 3, 2017). Judge Curiel’s decision tracks the Ninth Circuit’s Morris v. Ernst & Young, 834 F.3d 975 (9th Cir. Read More