Beginning on March 1, 2017, California employers and businesses will need to re-label any single-stall restroom facilities as available to users of either gender.  Such facilities are required to be identified as “all gender” and be universally accessible. Continue Reading Single-User Restrooms Must Be Made Available To All in California

Back in April 2015, we told you about a new player in the world of employee whistleblower enforcement:  the Securities and Exchange Commission (SEC).  The SEC grabbed everyone’s attention in 2015 by issuing its first administrative order finding that a public company violated SEC rules based solely on language in an employment agreement. Continue Reading Employment Agreements Under the Bright Light of the SEC’s Enforcement Efforts

Last month, we wrote about the new I-9 Form employers must use for all employees starting January 22, 2017.  Today, our Immigration attorneys issued an Advisory to offer some additional guidance and clarification for employers in transitioning from the old I-9 Form to this new Form, and addressing some questions that may come up related to the Form and the use of E-Verify to confirm an employee’s legal status to work in the United States.  This Advisory is based on some information just provided by the American Immigration Lawyer’s Association’s Verification and Documentation Liaison Committee, and our Immigration experts wisely wanted to pass along the advice right away. Continue Reading Update on New I-9 Form and Important Advisory

A recent federal Appellate Court decision offers employers greater flexibility and decision making authority in considering job reassignments for qualified disabled employees.  In EEOC v. St. Joseph’s Hospital, a case decided by the Eleventh Circuit Court of Appeals (which covers Georgia, Florida and Alabama), an employee sought a job reassignment as a reasonable accommodation under the Americans with Disabilities Act (ADA).  The employer allowed the employee thirty days to apply for vacant positions, but did not automatically grant her a new position.  Rather the employer required the employee to compete for a new position pursuant to its best qualified applicant hiring policy – she would be given the job only if she was the best qualified applicant for the position. Continue Reading Are Disabled Employees Entitled to Be Reassigned to an Open Position?

A nationwide restaurant chain is in a “sticky” situation, and not because of the barbeque sauce on its ribs.  Rather, it faces a trial in a lawsuit filed by the U.S. Equal Employment Opportunity Commission, alleging years of pervasive age discrimination in its hiring of hourly, “front of the house” employees.  The EEOC alleges  that the company failed to hire applicants over 40 for public, visible positions such as servers, hosts, and bartenders, and instead instructed managers to hire younger applicants for those positions at its hundreds of locations. Continue Reading Sticky Notes On Applications Create “Sticky” Problem in Hiring

Last Fall’s election, where so much was said about hacked emails, should serve as a reminder to employers that cyber security is of the utmost important.  Cyber crime continues to rise across the globe.  In some European countries it even outpaces traditional crime.  A single data breach can cost a company millions of dollars in lost revenue, fines, and corrective action, not to mention the damages to its reputation and brand loyalty.  So what are the biggest cyber threats and how can businesses best defend against them? Continue Reading Cyber Security & Employees

Late last year, the U.S. Citizenship and Immigration Service (USCIS) issued its Final Rule amending certain regulations related to employment-based immigrant and nonimmigrant visa programs.  USCIS’s effort is intended to benefit both U.S. employers and foreign workers participating in these programs by “streamlining the processes for employer sponsorship of nonimmigrant workers for lawful permanent resident (LPR) status, increasing job portability and otherwise providing stability and flexibility for such workers, and providing additional transparency and consistency in the application of DHS policies and practices related to these programs.”  The changes contained in the Final Rule go into effect on January 17, 2017, so employers with foreign workers (or employers who are considering hiring foreign workers) need to understand the implications of these changes and be prepared. Continue Reading Important Changes for High-Skilled Nonimmigrant Workers – and Their Employers — Coming January 17, 2017

Out with the old and in with the new?  Not so fast.  For California employers, it’s more like keep the old and add the new.  And, as so often happens, the new year brings new concerns.  While this list is not exhaustive, California employers should keep their sights on the following new state and local regulations or requirements for 2017: Continue Reading Catch the Wave: New California Employment Regulations and Requirements for 2017

In Part 1 and Part 2 of this series of posts, we began the discussion of what the Defend Trade Secrets Act (DTSA), enacted in May 2016, really means for employers in defending their trade secrets.  In particular, we addressed some of the “good” the DTSA offers for employers, including:  (1) a clear path to federal court, (2) ex parte seizure orders and (3) international application.  In this Part 3, we address the bad — four potential downsides of the DTSA for employers. Continue Reading The Defend Trade Secrets Act: What Does it Really Mean for Employers? The Good, the Bad and the Ambiguous, Part 3

Summary

A nationwide junction was issued Tuesday evening blocking implementation of the U.S. Department of Labor’s new rules increasing the minimum salary levels required for most white collar exemptions. These new rules had been scheduled to go into effect on December 1, and would have raised the minimum annual salary level for most exemptions from $23,660 to $47,476. The injunction halts enforcement of the rule until the Department of Labor receives a contrary order from the issuing court or an appellate court. But, since Texas is in the Fifth Circuit, which is a traditionally conservative court, the Department of Labor faces an uphill climb and it is unlikely that the new rules will go into effect in the foreseeable future. Continue Reading Nationwide Injunction Prohibits Implementation of the Department of Labor’s New Overtime Rules