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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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California Employment Law 101: Avoiding Claims in 2019

July 24, 2019 - 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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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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July 24, 2019

Ninth Circuit to Ask California Supreme Court to Decide Retroactivity of ‘ABC’ Test, Withdraws Opinion

July 24, 2019

Whether California’s recently adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving California’s wage orders, must be applied retroactively should be decided by the California Supreme Court, a panel of the U.S. Court of Appeals for the Ninth Circuit has decided, withdrawing its controversial... Read More

July 19, 2019

New California Law Allows Sharing of Home Care Aides’ Contact Information with Unions on Demand

July 19, 2019

A controversial amendment to the California Home Care Services Protection Act (Home Care Act) requires the state Department of Social Services (DSS) to provide the names, phone numbers, and addresses of new or renewing registered home care aides (HCAs) to labor unions on request, unless the aides opt out. The new law, which raises... Read More

July 3, 2019

Ninth Circuit Swiftly Rebuffs Attempted Expansion of California De Minimis Doctrine

July 3, 2019

On June 14, 2019, a panel of the Ninth Circuit Court of Appeals heard oral argument in consolidated appeals involving the compensability of pre-exit inspections of employee bags at two retail clothing store chains.  While the district courts had granted summary judgment to the employers in both cases, they did so by holding that the... Read More

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See AllBlogs

San Francisco Employers May Have to Pay More in Paid Parental Leave Benefits in 2020
August 19, 2019

As Bay Area employers are well aware, San Francisco has several local employment-related ordinances that provide additional benefits to individuals performing work within the geographical boundaries of the City. One such benefit is paid parental leave. Read More

Does the CCPA Apply to Your Business?
August 14, 2019

The California Consumer Privacy Act (CCPA), considered the most expansive U.S. privacy laws to date, is set to take effect January 1, 2020. In short, the CCPA places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal information. Read More

California Legislature Considers Electronic Notification for Fatalities and Serious Injuries
August 13, 2019

Under current California law, an employer with an establishment in California must report a serious work-related injury, illness or death that occurs at the employer’s place of employment or in connection with their employment to the Division of Occupational Safety and Health by telephone or email within 8 hours after the employer know Read More