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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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January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

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

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Assembly Bill Codifying Dynamex Moves Forward, with Notable Exemptions
March 29, 2019

On March 26, 2019, proposed Assembly Bill 5, which would codify the California Supreme Court’s controversial Dynamex decision, was amended to exempt certain types of licensed workers. Just as noteworthy as the types of workers identified as exempt from the standard are the types of employees who were not identified. Read More

Payroll Company Not Liable Under Third Party Beneficiary Doctrine
March 25, 2019

On February 7, 2019, the California Supreme Court determined that an employee cannot sue a payroll company for breach of contract under the third party beneficiary doctrine, and that it is inappropriate to impose a tort duty of care upon a payroll company with regards to the obligations owed to an employee under the applicable...… Read More

New TSCA Labelling Requirements for Composite Wood Products to go into Effect March 22, 2019
March 21, 2019

Employees can sue for unsafe work environment. At Jackson Lewis, we pride ourselves in providing advice to employers on how to prevent or minimize workplace related claims. Employers are obligated to warn consumers and employees of any risks involved with exposure to products or space exhibiting certain levels of chemicals. Read More