Category Archives: Newsletter Archives

CALIFORNIA SUPREME COURT DELIVERS WIN FOR EMPLOYERS BY LIMITING PAGA WAGE CLAIMS

By Sarah Abshear, Esq. | Brown Law Group On September 12, 2019, in ZB, N.A. v. Superior Court (Lawson) (“ZB”), the California Supreme Court issued a decision that will significantly affect cases brought against employers under the Private Attorneys’ General Act (“PAGA”). In short, employees are no longer able to recover unpaid wages from employers […]

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WHAT DOES THE CALIFORNIA CONSUMER PRIVACY ACT MEAN FOR YOUR BUSINESS?

By: Cody J. Cocanig, Esq. In June 2018, the California legislature passed AB 375, known as the California Consumer Privacy Act of 2018 (CCPA or the Act), and it goes into effect on January 1, 2020. This article is intended to give a brief and high-level overview of the CCPA. Before its effective date the […]

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NEW CALIFORNIA LAWS ALTER EMPLOYERS’ WORKPLACE HARASSMENT TRAINING OBLIGATIONS

By: Jordan R. Turner, Associate | Brown Law Group Practice Tips Expand sexual harassment training to non-supervisory, temporary, and seasonal employees; Consider implementing bystander training provisions; and Attend Brown Law Group’s Annual Employment Law Update on January 24, 2019, for more information on the state of workplace harassment law. As we embark on 2019, companies […]

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NEW LEGISLATION STRENGTHENS CALIFORNIA’S STANCE AGAINST WORKPLACE HARASSMENT

By: Jordan R. Turner, Associate | Brown Law Group Practice Tips Update employee handbook with new FEHA provisions for sexual harassment; Expand sexual harassment training to non-supervisory, temporary, and seasonal employees; and Read this article for information on how to adjust contractual language and settlement agreements to reflect California’s new policies. It is difficult to […]

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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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RECENT RAIDS AND HIGH PENALTIES HAVE EMPLOYERS EXAMINING THEIR WORK AUTHORIZATION PRACTICES

Practice Tips for Work Authorization Compliance: Conduct an annual self-audit of your current and terminated employees’ Form I-9s; Consult with counsel regarding best practices for conducting a Form I-9 self-audit; and Be aware of laws protecting employees from discrimination, retaliation and invasion of privacy in connection with internal and government audits.   On January 10, […]

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PAGA CLAIMS GET A BOOST FROM STATE’S HIGHEST COURT

The California Supreme Court has just “upped the ante” in the discovery phase of PAGA litigation. In Williams v. Superior Court, the court by unanimous decision, held that PAGA plaintiffs have the same broad discovery rights to obtain the names and contact information of other California employees that they would have if the case was filed as a class action. The court also ruled that plaintiffs are permitted to seek the contact information for their fellow “aggrieved employees” at the outset of their lawsuit, without a showing of good cause for the potentially private information. The court remarked that “nothing in the characteristics of a PAGA suit . . . affords a basis for restricting discovery more narrowly” than in non-PAGA class actions.

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DEATH, TAXES AND NEW CALIFORNIA EMPLOYMENT LAWS REGARDING INDEPENDENT CONTRACTORS

The old saying goes, “there are two things that you can’t avoid – death and taxes.”  Despite that sage advice, many employers, well intentioned though they may be, have attempted to save money by classifying employees as independent contractors, to avoid paying taxes. However, just because a company hires a worker as an independent contractor […]

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SPRING IS HERE AND IT’S TIME TO CLEAN OUT YOUR KITCHEN CABINETS (AND EMPLOYEE HANDBOOK)

When is the last time you looked through your kitchen cabinets and cleaned out expired cans of food?  If you are like me, it was a few years ago.  My wife and I recently tackled this chore and it was quite an educational moment.  For starters, I was shocked to learn just how many cans […]

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