• DFEH Issues New Guidance on Workplace Harassment for California Employers

    By SHLC on June 2, 2017
    0
    0
    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
    0
    0
    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
    0
    0
    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
    0
    0
    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
    0
    0
    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 […]
  • The Supreme Court of Nevada Rules Nevada’s Minimum Wage Amendment Constitutional

    By SHLC on April 5, 2017
    0
    0
    In 2004 and 2006, Nevada voters passed an amendment to the Nevada Constitution, adding the Minimum Wage Amendment (“MWA”), which requires employers to pay their employees one of two minimum wage rates, dependent on whether the employer offers “qualifying health benefits.” Currently, if an employer offers health benefits, it may pay its employees a lower minimum wage of $7.25 an […]
  • Northern Nevada Business Weekly Article on Nevada State Legislative Day and SHLC Attorney Brett Sutton

    By SHLC on March 20, 2017
    0
    0
    Human resources professionals get primer on legislative session
  • Texas Roadhouse Age Discrimination Case Provides Important Lessons

    By SHLC on March 13, 2017
    0
    0
    The Equal Employment Opportunity Commission (“EEOC”) intends to re-try a case against Texas Roadhouse after the largest age discrimination lawsuit brought to trial in more than three decades ended in a mistrial. The EEOC claimed that Texas Roadhouse, a national restaurant chain, engaged in blatant age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”). At trial, the […]
  • OSHA Issues Guidelines for Anti-Retaliation Programs

    By SHLC on March 3, 2017
    0
    0
    The federal Occupational Safety and Health Administration (“OSHA”) recently released guidelines for employer anti-retaliation programs. In a January 2017 report, OSHA outlined “five key elements” to an effective anti-retaliation program. Retaliation is taking adverse action against an employee for engaging in a protected activity. Protected activities may occur when an employee reports a workplace injury, raises a concern about a […]
  • Ninth Circuit Allows “Hugging” Sexual Harassment Case to Continue

    By SHLC on February 24, 2017
    0
    0
    A recent case from the Ninth Circuit Court of Appeals held that hugging can create a hostile work environment and the case should proceed to trial. The case is Zetwich v. County of Yolo. For more on this case, please see this L.A. Times article: http://www.latimes.com/local/california/la-me-ln-hugging-9th-circuit-20170223-story.html. This case will also be discussed during SHLC’s February 28th Webinar: Sexual Harassment and […]