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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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October 18, 2019

Pay the Piper – California Employers Pressed to Pay Arbitration Fees or Risk Harsh Consequences

October 18, 2019

California employers may face harsh consequences for failing to pay arbitration fees on time under a bill (Senate Bill 707) signed by Governor Gavin Newsom on October 13, 2019. The new law goes into effect on January 1, 2020. Under the new law, if an employer fails to pay fees required for the commencement or continuation of an... Read More

October 15, 2019

New California Law Attacks Mandatory Arbitration Again … But Is It More Bark Than Bite?

October 15, 2019

California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles. (See our articles... Read More

October 10, 2019

California Consumer Privacy Act FAQs for Covered Businesses

October 10, 2019

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

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See AllBlogs

New California Law Allows Opposite-Sex Couples Under the Age of 62 to Be Eligible to Form Domestic Partnerships
November 13, 2019

On July 30, 2019, California Governor Gavin Newsom signed SB 30 into law, changing existing law to permit opposite-sex couples under the age of 62 years old to register as domestic partners. Read More

Newsom Signs Law Increasing Penalties Available to Workers
November 5, 2019

On October 10, 2019, Governor Gavin Newsom signed AB 673 into law, expanding an employee’s right to collect penalties for an employer’s failure to timely pay wages. Prior to the enactment of AB 673, Labor Code section 210 provided a penalty that was directly recoverable by the Labor Commissioner or by an employee authorized to... Read More

Meal and Rest Break Premiums Payable at Base Rate, Not Regular Rate of Pay
November 5, 2019

A California state appellate court has ruled that the correct rate for paying meal and rest period premiums is one hour of pay at an employee’s base hourly rate, not the regular rate of pay used for calculating overtime wages. This is the first published California case to make this distinction. Pursuant to § 226.7... Read More