Employment Law Commentary

May 31, 2019 - Family Medical Leave Act (FMLA)

FMLA Leave in the Digital Age: When Contacting an Employee on FMLA Leave Constitutes Interference

By: Andrew R. Turnbull

The American workplace has changed significantly since the passage of the Family and Medical Leave Act (“FMLA”) over 25 years ago. The ubiquitous use of technology, such as email, instant messaging applications, laptops, and cellphones, have made working from home more commonplace and …›

May 1, 2019 - Americans with Disabilities Act (ADA), Discrimination, Leaves of Absence, Paid Sick Leave

Navigating the Seas of Federal, State, and Local Leave of Absence Laws

By: Janie F. Schulman

FMLA, CFRA, NPLA, ADA, FEHA, NYPFL, SFPPLO. The alphabet soup of leave laws with which employers must comply is enough to make the heads of even the most seasoned HR professionals and in-house counsel spin. With an increasing number of municipalities jumping …›

April 1, 2019 - Announcements

MoFo Webinar: Employment Traps in the Digital Age: Trade Secret (Including Restrictive Covenant) and Privacy Issues Abound

By: Eric Akira Tate, Christine E. Lyon, Mary Race, and Heriberto Alvarez, Jr.

Trade secrets and personal information are key assets for most employers. Join us for a webinar to discuss recent developments affecting the protection of trade secrets in California (including restrictive covenants) and the handling of personal information. Topics will …›

March 28, 2019 - Artificial Intelligence

Employment Practices and Future Technologies – Taking the Human out of Human Resources

The machines are taking over. Not always apparent, but Artificial Intelligence[1] (AI) and machine learning[2] (ML) are finding footholds in numerous industries. One area in which AI is rapidly on the rise relates to employment practices and employee control. But before …›

March 13, 2019 - Department of Labor (DOL)

What Do the DOL’s Proposed Changes to the FLSA Overtime Rules Mean for Employers?

By: Andrew R. Turnbull and Amber D. Shubin

On March 7, 2019, the U.S. Department of Labor (the “DOL”) issued a Notice of Proposed Rulemaking, proposing to raise the minimum salary level for employees to be exempt from overtime requirements under the Fair Labor Standards Act (“FLSA”). Under current FLSA regulations, …›

February 20, 2019 - Wage and Hour

Call-in & Collect: California Reporting Time Pay Compliance Strategies

By: Adam E. Brauner

California’s “reporting time pay” regulations are back in the news after the recent California appellate court decision in Ward v. Tilly’s, Inc. held that employees who worked on-call or “call-in” shifts were entitled to half-shift reporting time pay, even when not required to physically …›

January 31, 2019 - Legislation

PAGA: A Call To Arms

By: Karen J. Kubin

Whatever good intentions its proponents may claim, the Labor Code Private Attorneys General Act of 2004 (PAGA) created perverse incentives for plaintiff’s lawyers to file representative actions seeking civil penalties for violations of the California Labor Code on behalf of all “aggrieved employees” of …›

December 17, 2018 - Legislation

California Says #MeToo with SB 1300: The Impact on Employers

By: Neil Scott Tyler

A California bill that has emerged from the #MeToo movement and is likely to increase employers’ costs and exposure in defending harassment claims will take effect on January 1, 2019. As briefly discussed in our October 2018 Employment Law Commentary, California Governor Jerry …›

November 26, 2018 - Legislation

Are Employee Non-Solicitation Clauses Still Legal In California?

By: Lloyd W. Aubry, Jr.

The Fourth District Court of Appeals in San Diego on November 1, 2018, issued AMN Healthcare Inc. v. Aya Healthcare Services Inc., in which it called into question the continuing viability in California of employee non-solicitation clauses found in many employment contracts and proprietary …›

October 30, 2018 - Legislation

Annual California Legislative Recap

By: Lucía X. Roibal

Another year has passed in the California Legislature, with new laws and amendments affecting California employers. Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement that corporate boards of directors include women, have been passed. Other …›