• California Becomes Latest State to “Ban the Box”

    By SHLC on October 18, 2017
    0
    0
    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
    0
    0
    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 […]
  • New Parent Leave Act Provides up to 12 Weeks of Leave for Many California Employees

    By SHLC on October 14, 2017
    0
    0
    On October 12, 2017, Governor Brown signed SB 63 into law, the New Parent Leave Act (“NPLA”).  NPLA requires small businesses that employ 20 to 49 workers to provide up to 12 weeks of unpaid, job protected leave to bond with a new child. Sound familiar? It should. NPLA affords similar benefits and protections as the Family & Medical Leave […]
  • Nevada Establishes Employee Rights Relating to Domestic Violence

    By SHLC on September 20, 2017
    0
    0
    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
    0
    0
    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 […]
  • Court Shoots Down Salary Level Test in DOL Overtime Rule

    By SHLC on September 1, 2017
    0
    0
    The U.S. Department of Labor’s (“DOL”) proposed overtime exemption rule suffered another blow today. A Texas federal court granted summary judgment in favor of business groups and States who challenged the new regulations last year. The proposed rule was blocked by a preliminary injunction issued in November 2016, as reported here: http://suttonhague.com/new-overtime-rules-blocked/. The Court found that DOL exceeded its authority […]
  • Reasonable Accommodation Standard Added to Safeguard Pregnant Workers in Nevada from Unlawful Employment Practices

    By SHLC on August 16, 2017
    0
    0
    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
    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; […]