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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.

The Team

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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: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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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: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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October 2, 2018

California Restricts Confidentiality Provisions Concerning Information Related to Sexual Harassment

October 2, 2018

California Governor Jerry Brown has signed three bills into law that restrict employers in the securement of non-disclosure, release, and non-disparagement agreements that attempt to limit parties in discussing sexual harassment-related factual information. Senate Bill 820 (SB 820) Settlement agreements that prevent an individual... Read More

October 1, 2018

Claims of Workplace Harassment in California to Receive Greater Protections under New Law

October 1, 2018

Beginning January 1, 2019, new California law creates several new protections for employees bringing harassment claims. Highlights of Senate Bill 1300 (SB 1300) follows: Employer Responsibility for Nonemployees SB 1300 mandates that an employer may be responsible for the acts of nonemployees with respect to any type of... Read More

October 1, 2018

New California Law Requires Sexual Harassment Prevention Training for Supervisors and Non-Supervisors

October 1, 2018

California employers with at least five employees must provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California by January 1, 2020. Since 2005, employers with at least 50 employees have been required to train and educate all personnel in supervisory positions... Read More

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See AllBlogs

Employer Successfully Defends Rounding Policy by Showing It Did Not Disfavor Employees
December 14, 2018

A California appellate court held an employer’s use of a rounding policy for its non-exempt employees complied with California law because it did not disfavor employees.  (Donohue v. AMN Services, LLC (Dec. 10, 2018) Case No. Read More

California Supreme Court Rebuffs Plaintiffs’ Attempt to Undo Their Agreements Waiving Second Meal Period
December 12, 2018

The California Supreme Court has upheld the ability of California health care workers who work more than twelve hours a day voluntarily to waive their second meal period, rebuffing plaintiffs’ argument that their voluntary waivers were unenforceable.  (Gerard v. Orange Coast Memorial Medical Center (Dec. 10, 2018) Case No. Read More

Lawsuit Filed Against California’s Attorney General Alleging the Private Attorney General Act (“PAGA”) is Unconstitutional
December 3, 2018

On November 28, 2018, the California Business & Industrial Alliance (an association that represents the interests of small and mid-sized businesses in California and which was formed for the specific purpose of accomplishing the appeal or reform of the Private Attorney General Act (“PAGA”)) filed a lawsuit against Xavier Becerra in Read More