Seyfarth Synopsis: The California state assembly is set to vote on Senate Bill 171, a state analogue to the federal EEO-1 report, which would require employers with 100 or more employees to submit annual pay data reports to the Department of Fair Employment and Housing, broken down by gender, race, ethnicity, and job category. Pay Data Reporting at the State and Federal Level The California Legislature may be poised to pass a law that would…

California Peculiarities Employment Law Blog

Cannabis in California: High Time to Smoke Out the Issues

By Jennifer L. Mora on June 7, 2019

Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical purposes. Now, however, the tide is rapidly turning. Where does California employment law currently stand on cannabis? Below we address burning issues regarding accommodations and drug testing. What is the Current State of Cannabis in California? At the federal level, cannabis continues to be…

California Peculiarities Employment Law Blog

Employer Web Therapy: Accommodating Employee Mental Health Illness

By Joshua A. Rodine & Minal Haymond on May 30, 2019

Seyfarth Synopsis: Sometimes even the best employees can have their woebegone days. How is an employer to distinguish between (1) a mental disability that may require accommodation and (2) a case of someone “having the Mondays”? In honor of Mental Health Awareness Month, we offer some therapeutic antidotes for your queries on tackling mental illnesses at work. In the television show Unbreakable Kimmy Schmidt, Kimmy’s therapist, Andrea (played by Tina Fey) has…

California Peculiarities Employment Law Blog

Home Sweet Home Office: Considerations With Remote Employees

By Dana Peterson & Jared W. Speier on May 15, 2019

Seyfarth Synopsis: Although the concept of working remotely may seem simple, employers must consider several issues before allowing employees to work from home. There’s No Place Like Home Today’s technology allows many employees to work nearly as well in their pajamas at home or in their jeans at a local coffee shop as they can dressed up at the office. While this arrangement may not be viable for every employer, allowing employees to work from…

California Peculiarities Employment Law Blog

“U Can’t Touch This”: When A Garnished Employee Goes Bankrupt

By Christopher Harney & Ryan Pinkston on May 8, 2019

Seyfarth Synopsis: Employers increasingly find themselves in the difficult position of deciding whether to continue garnishing an employee’s wages pursuant to a garnishment order when the employee files for bankruptcy. On one hand, the employer risks penalties for failing to withhold wages; on the other hand, the employer risks sanctions for violating the automatic stay generated by a bankruptcy filing. Below we discuss this dilemma and employers’ options. In 1996, the iconic MC Hammer filed…

California Peculiarities Employment Law Blog

Employees Who Won’t Get On Board With Arbitration—Can Employers Rock The Boat?

By Amanda Fry & David D. Kadue on May 1, 2019

Seyfarth Synopsis: Everything was smooth sailing with your latest greatest arbitration agreement, but then an employee refused to get on board. What do you do now? Keep reading for a primer on navigating some murky waters. Even in a post-Epic Systems world, where more and more employers are rolling out mandatory arbitration agreements with class-action waivers, California has discouraged such agreements. This tension raises the question: how close to the wind can an employer…

California Peculiarities Employment Law Blog

Gig Workers And The Duty Of Loyalty

By Bethany Pelliconi on April 19, 2019

Seyfarth Synopsis: Thinking of converting your independent contractors to employees? Not so fast. There are many implications to consider. Below we touch on one of them. In the wake of the judicial invention of a California version of the “ABC test” to determine proper worker classifications, many companies in the gig economy are grappling with whether to reclassify their workers as employees rather than independent contractors. While some may advocate for an automatic, across-the-board employee…

California Peculiarities Employment Law Blog

Hiring Influencers: Are You Playing With Fyre?

By Ari Hersher & Elizabeth J. MacGregor on April 3, 2019

Seyfarth Synopsis: Companies marketing through social media are likely familiar with social media influencers like the Kardashian/Jenners in cosmetics, DanTDM in gaming, and Kayla Itsines in fitness. California companies using the services of such influencers must be mindful, as always, of California peculiarities when it comes to classifying these individuals as contractors or employees. As anyone who has seen the recent Fyre Festival documentaries knows, using social media influencers is an increasingly popular…

California Peculiarities Employment Law Blog

Fraud In Your Healthcare Plan? It’s Probably There

By Christopher Lee, Kathleen Slaught & Brad Perkins on March 27, 2019

Seyfarth Synopsis: Employer subsidized healthcare is one of the largest cost centers for small and large businesses. This post provides a primer on what to do if you suspect that your healthcare costs are rising because your healthcare plan is under siege by fraudsters. With the rising costs of healthcare, some employers choose to self-insure to reduce claims and premium expenses factored into third-party claims administration, including policy overheads, assumption of risk, and underwriting profit.…

California Peculiarities Employment Law Blog

You’ve Got An Internal Sexual Harassment Complaint: Now What?

By Liz Watson & Kristen Peters on March 21, 2019

Seyfarth Synopsis: It is important for companies to investigate internal sexual harassment complaints and take prompt, appropriate corrective action. This post provides a six-step roadmap of best practices for handling sexual harassment complaints. 1. Plan Ahead Maintain compliant harassment policies, provide regular harassment training covering all required topics (Seyfarth can help), and communicate the procedure for reporting complaints. Determine in advance who will oversee the process for handling complaints. Have a crisis…

California Peculiarities Employment Law Blog

What Makes California Employment Law Different ... and How to Deal With It

Blog Authors

California To Protect Pay Equity Reporting Requirements From Federal Challenge?

Cannabis in California: High Time to Smoke Out the Issues

Employer Web Therapy: Accommodating Employee Mental Health Illness

Home Sweet Home Office: Considerations With Remote Employees

“U Can’t Touch This”: When A Garnished Employee Goes Bankrupt

Employees Who Won’t Get On Board With Arbitration—Can Employers Rock The Boat?

Gig Workers And The Duty Of Loyalty

Hiring Influencers: Are You Playing With Fyre?

Fraud In Your Healthcare Plan? It’s Probably There

You’ve Got An Internal Sexual Harassment Complaint: Now What?

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