Author archive for SHLC

  • California Becomes Latest State to “Ban the Box”

    By SHLC on October 18, 2017
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    Forget about asking job applicants to disclose their criminal history. In fact, don’t even put those questions on a job application. Simply having a question about an applicant’s conviction history on a job application, or considering an applicant’s conviction history before a conditional offer of employment is made, will now expose California employers to lawsuits and potential liability. This significant […]
  • California Passes Statewide Ban on Inquiries into Salary History

    By SHLC on October 16, 2017
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    Assembly Bill 168 (“AB 168”) was signed into law on October 12, 2017, and imposes a statewide ban on inquiries into an individual’s salary history.  AB 168 is the latest effort to eliminate gender pay inequality in the state. With AB 168, California joins many other jurisdictions across the country that prohibit an employer from asking an applicant about salary […]
  • Nevada Establishes Employee Rights Relating to Domestic Violence

    By SHLC on September 20, 2017
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    In an effort to ensure the health, safety and welfare of Nevada’s workforce, Nevada recently enacted SB 361, a law establishing the rights of employees who are victims of domestic violence.  Effective January 1, 2018, the law will provide qualifying employees with the right to protected leave, security against adverse employment actions and the right to a reasonable accommodation.  To […]
  • Recent Developments in Nevada Law Relating to Restrictive Covenants and Non-Compete Agreements

    By SHLC on September 6, 2017
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    On June 3, 2017, Assembly Bill 276 was approved by Nevada Governor, Brian Sandoval, and signed into law. The bill amended NRS 613.200 to change Nevada’s stance on restrictive covenants and noncompetition agreements. Previously, Nevada law merely stated that it is not unlawful for an employee to enter into a restrictive covenant of noncompetition with an employer that is supported […]
  • Reasonable Accommodation Standard Added to Safeguard Pregnant Workers in Nevada from Unlawful Employment Practices

    By SHLC on August 16, 2017
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    Employers may recognize the term “reasonable accommodation” as a requirement under the Americans with Disabilities Act (“ADA”). However, Nevada employers have previously not been required to provide a reasonable accommodation to workers that request a work related accommodation for pregnancy. This is because the ADA does not cover pregnancy itself, only pregnancy related disabilities and impairments. On June 2, 2017, […]
  • DFEH Issues New Guidance on Workplace Harassment for California Employers

    By SHLC on June 2, 2017
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    The California Fair Employment and Housing Act (“FEHA”) imposes an affirmative duty on employers to take all reasonable steps to prevent and correct discriminatory and harassing conduct in the workplace. FEHA regulations were amended effective April 1, 2016 that changed and added certain employer obligations. Last month, the California Department of Fair Employment and Housing (“DFEH”) released a “Workplace Harassment […]
  • 9th Circuit Says Benefits Cash-Out Requires Overtime Pay, Supreme Court Denies Review

    By SHLC on May 17, 2017
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    California and Nevada employers need to be aware of the intricacies of the regular rate of pay (“RROP”). RROP is used to determine overtime compensation and other payments, such as meal period premiums in California. The federal Fair Labor Standards Act (“FLSA”) and its regulations describe those payments that must be included in the RROP and those that can be […]
  • New California Regulation: Limitation on Employer Consideration of Criminal History

    By SHLC on May 12, 2017
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    The California Fair Employment and Housing Council approved new regulations that limit employers’ freedom to consider criminal history when screening applicants or making employment-related decisions. The new regulations go into effect on July 1, 2017. Generally When hiring, promoting, training, disciplining or terminating, employers are strictly prohibited from considering: (1) An arrest or detention that did not result in conviction; […]
  • California High Court Issues Day of Rest Ruling

    By SHLC on May 9, 2017
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    Yesterday, on May 8, 2017, the California Supreme Court issued a long-awaited decision in Mendoza v. Nordstrom, Inc., which had been pending before the state’s highest court for more than two years. The decision clarifies some of the “day of rest” rules found in Labor Code sections 551 and 552. SHLC posted a blog about the Mendoza case in April […]
  • New California Paid Sick Leave Information from the California Labor Commissioner

    By SHLC on April 24, 2017
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    On March 29, 2017, the California Labor Commissioner through the Division of Labor Standards Enforcement (“DSLE”) posted an updated FAQ document to address new questions concerning the California Paid Sick Leave law. The FAQ document can be found on the DSLE website: https://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm. SHLC Attorneys Brett Sutton and Joseph Macias will be discussing these issues on June 8, 2017 in […]