Category Archives: Articles

HOW TO HAVE A CONSTRUCTIVE CONVERSATION ON #METOO WITH THE C-SUITE

By Jordan R. Turner | Associate and Sabrina E. Lim | Summer Law Clerk Practice Tips Understand the #MeToo movement as it applies to your workplace; Have an open, constructive conversation about #MeToo without blame or judgment; Have Human Resources update policies to address the issues of sexual harassment; and Ensure that such policies are […]

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SALARIES SPEAK LOUDER THAN WORDS: THE NINTH CIRCUIT ELIMINATES EMPLOYER USE OF PRIOR SALARY HISTORY AS A JUSTIFICATION FOR LOWER PAY

By Jordan R. Turner | Associate, Brown Law Group Practice Tips Avoid all inquiries into a candidate for hire’s salary history; Do not rely on an applicant’s salary history unless it was voluntarily disclosed; and In setting a new hire’s salary, encourage and elicit the individual’s salary preferences. I. The gender pay gap is real. […]

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CALIFORNIA SUPREME COURT ANNOUNCES NEW TEST FOR DETERMINING INDEPENDENT CONTRACTOR STATUS IN WAGE & HOUR CONTEXT

By Noah J. Woods, Partner On April 30, 2018, the California Supreme Court issued its decision in Dynamex Operations West, Inc. v. Superior Court, announcing a new test for determining whether a worker is properly classified as an employee or an independent contractor. The new standard adopted by the Court (referred to as the “ABC […]

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Achilles Healing

Over four years ago, I tore my Achilles heel while in a boot camp class. There I was: over 50, huffing and puffing next to a young, nimble woman in her early 20s and my ego wanted to move to her rhythm. My body, unfortunately, had other plans, and I tore my Achilles. Initially, I blamed her for stomping on the back of my leg; but as the injury subsided, I realized my fading ego was what caused my injury.

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PAGA, ANYONE?

Our great State of California often sets the national standard on various social, economic and political fronts. One example of this is California’s Private Attorneys General Act (PAGA) (Cal. Lab. Code, §2698 et seq.) However, since its adoption in 2004, questions have repeatedly been raised about PAGA’s purpose, use and effectiveness.

So you ask, what is PAGA?

PAGA deputizes private citizens and allows them to act on behalf of California’s Labor & Workforce Development Agency (LWDA) in seeking civil penalties for Labor Code violations. PAGA authorizes employees to bring a lawsuit “on behalf of themselves and others” on any violation of the California Labor Code, regardless of how small, technical, or short-lived the alleged violation.

Now that’s a lot for anyone to swallow. Keep reading to digest it further. (Pun intended.)

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The Fate of the ‘Stray Remarks Doctrine’

Employers are holding their breaths once again as they await the California Supreme Court’s decision in Reid v. Google Inc., expected in late August 2010. The already difficult legal landscape for California employers may become tougher to negotiate should the Supreme Court justices reject the "stray remarks doctrine," which has effectively prevented plaintiff employees from bringing tenuous cases of discrimination before a jury.

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Justices Weigh in on Employee Privacy Issues

Quon, the High Court must decide whether a reasonable expectation of privacy extends to text messages sent from a work issued paging device by an employee, and whether the employer’s review of the text messages was reasonable.

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Executive Profile – Stacy Fode

Stacy L. Fode is a partner and attorney at Brown Law Group, a boutique business litigation law firm specializing in employment law. The firm practices preventive law, which means that whenever practicable, it helps clients avoid lawsuits. BUSINESS PHILOSOPHY Essential business philosophy: Through an unwavering commitment to excellence and phenomenal teamwork, I seek to deliver […]

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BALANOMICS

Brown Law Group salutes BALANOMICS in its commitment to improve work/life balance, profitability, and productivity in the profession by enhancing the retention, promotion, and professional satisfaction of talented attorneys. To learn more about BALANOMICS, visit www.balanomics.net.

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The $500,000 Question

No investment is a sure thing. But as every good business owner knows, without risk there’s no reward. If you had $500,000 to invest, what would you do with it? Would you make a personal investment or put it back into your business? How would make sure you get the most out of your money?

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