Employment Law Commentary

August 5, 2018 - Intellectual Property

Protecting Investments in People and IP While Avoiding Criminal Sanctions

By: Roxann E. Henry, Lisa M. Phelan, and Eric Akira Tate

“Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees, account for 85% of a company’s assets.” “[W]e are going to aggressively protect our intellectual property. Our single greatest …›

July 7, 2018 - Discrimination

From Social Media to Social Change: Will #MeToo Alter California Arbitration Law?

By: Lloyd W. Aubry, Jr.

What began as a hashtag trending on Twitter may spur major change in the legislative arena in California. #MeToo not only brought global attention to the magnitude of sexual harassment and assault, but also sparked a much-needed conversation about how to combat the problem …›

June 5, 2018 - Legislation

What the Supreme Court’s “Epic” Decision Means for Employers

By: Andrew R. Turnbull

On May 21, 2018, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that waivers of class and collective actions in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). The Supreme Court’s decision resolves a …›

May 5, 2018 - Wage and Hour

Dynamex v. Superior Court: California Supreme Court Clarifies Standard for Independent Contractor Classification Under California Wage Orders

By: Tritia M. Murata

On April 30, 2018, the California Supreme Court issued its highly anticipated opinion in Dynamex Operations West, Inc. v. Superior Court, clarifying the standard that applies to determine whether a worker is properly classified as an independent contractor for purposes of the Industrial Welfare …›

April 5, 2018 - Immigration

Employers Caught In Crosshairs Of Immigration Debate – Understanding And Complying With The California Immigrant Worker Protection Act

By: Kwan Park

The increasingly polarized political climate has placed California employers in the middle of the dispute between the federal and California governments over immigration policy. On October 5, 2017, Governor Jerry Brown of California signed the Immigrant Worker Protection Act (AB 450) into law. …›

March 5, 2018 - Department of Labor (DOL)

A Changing Landscape: Unpaid Internships Under the DOL’S New Primary Beneficiary Test

By: Maya Harel

As companies begin to think about their summer internship programs, they may want to consider the recent change in the legal landscape surrounding unpaid internships. For good reason, companies have generally been concerned about the legality of unpaid internships, given the U.S. Department of …›

February 5, 2018 - Legislation

Whatever the Seventh Circuit Says, Extended Leave May Be a Reasonable Accommodation in California

By: David P. Zins

Managing employees’ leaves of absence is a tricky business for employers. While laws like the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide a set amount of leave protection and are generally easy to follow, courts and agencies …›

January 5, 2018 - Legislation

The California Legislature and The Trump Administration: Different Directions

It was another busy year in the California Legislature with regard to employment and labor issues. Of particular note for California employers are the new laws related to employee hiring practices with the prohibitions on requesting an employment applicant’s salary history information, limitations on …›

November 5, 2017 - Privacy & Data Security

Hot Topics For Multinational Employers: Privacy In The Workplace, The EU General Data Protection Regulation, And Brexit

By: Hanno Timner, Annabel Gillham, and Lara M. Sirimanne

Increasing digitalisation of the workplace means that many routine activities nowadays entail the processing of employees’ personal information. Sophisticated data management tools allow for greater efficiency and help to identify and contain business risks. What often follows is harmonisation of HR data platforms within …›

October 5, 2017 - OFCCP

Workplace Bias and Gender Pay Equity in Silicon Valley

By: Eric Akira Tate, Annabel Gillham, and Kathiana Aurelien

It was only a couple of years ago, on March 27, 2015, that a jury rejected Ellen Pao’s gender discrimination claims and rendered a defense verdict in favor of her former employer, a prominent Silicon Valley venture capital firm. The Ellen Pao case, and …›