Author Archives: Eric Welter

California: A Request for Accommodation Alone Will Be Considered a “Protected Activity” for Purposes of Retaliation or Discrimination Under FEHA

In the summer of 2015, California Governor Jerry Brown signed Assembly Bill No. 987, which, as of January 1, 2016, amended California’s Fair Employment and Housing Act (Government Code section 12940 et seq.) (“FEHA”) to prohibit an employer from retaliating … Continue reading

Posted in California, Discrimination, Fair Employment and Housing Act, FEHA, Reasonable Accommodation, Retaliation | Leave a comment

Pennsylvania Supreme Court Holds Continued Employment Insufficient to Enforce Non-Compete Covenant

The Pennsylvania Supreme Court has held that employers looking to implement non-competition agreements (i.e. restrictive covenants not to compete) with their current employees must provide “new and valuable consideration” to render the agreement enforceable. Pennsylvania employers should now ensure that … Continue reading

Posted in Employment Contracts, Hiring, Non-Compete Agreements, Pennsylvania | Leave a comment

California Employers Must Bear the Cost of Employee Training When the Training is Solely Required by the Employer

California employers are required to pay for all necessary expenses that an employee incurs as a direct result of his or her employment, and an employee cannot waive this right by any agreement or contract. (Labor Code sections 2802 and … Continue reading

Posted in California, California Court of Appeal, Compensable Time, Employee Policies & Procedures, Employment Contracts, Wage and Hour | Leave a comment

Don’t Shoot the Messenger: Board Members May Be Held Individually Liable for Silencing In-House Counsel’s Complaints of Corruption

The U.S. District Court for the Northern District of California recently determined, in a matter of first impression, that members of a company’s board of directors may be held individually liable under the anti-retaliation provisions of the Sarbanes-Oxley Act (“SOX”) and … Continue reading

Posted in California, Employee Policies & Procedures, Foreign Corrupt Practices Act, Litigation, Retaliation, Whistleblower, Wrongful Termination | Leave a comment

Colorado Joins the [Vacation] Club: No Use-It-Or-Lose-It Vacation Policies Permitted

The Colorado Department of Labor and Employment’s Division of Labor has issued new guidance that prohibits employers from maintaining “use-it-or-lose-it” vacation policies for Colorado employees. “Use-it-or-lose-it” vacation policies include those that require employees to use accrued vacation time prior to a … Continue reading

Posted in Colorado, Employee Policies & Procedures, HR, Vacation Policies, Wage and Hour | Leave a comment

New California Law Allows Health Care Workers to Waive Meal Periods

On October 5, 2015, California Governor Jerry Brown signed Senate Bill No. 327 into law, which took effect immediately and confirmed that employees in the health care industry (i.e. nurses, therapists, physician assistants, technicians) can waive one of their two … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Compensable Time, Healthcare, Meal and Rest Breaks, Wage and Hour | Leave a comment

California Court of Appeal Instructs Trial Court to Reconsider Its Denial of Class Certification of Wage and Hour Claims Brought by Nursing Staff Employees Against Hospital

Class actions against health care employers continue to be a growing trend in California and a recent decision by the California Court of Appeal highlights why health care employers must carefully draft and implement policies that are in compliance with … Continue reading

Posted in California, California Court of Appeal, California Labor Code, Class Actions, Employee Policies & Procedures, Healthcare, Meal and Rest Breaks, Overtime, Wage and Hour | Leave a comment

Navigating the Holiday Season Minefield with Your Workforce: 6 Essential Tips for Employers

As your company enters the holiday season, it’s important for human resource team members, general counsel and the corporate management to be aware of essential issues that should be addressed proactively to ensure a positive holiday period. The last thing … Continue reading

Posted in Defamation, Discrimination, Employee Policies & Procedures, Gender Discrimination, Holiday Season, HR, Religious Discrimination, Religious Observances, Risk Management, Wage and Hour | Leave a comment

Striking New Ground: Union Files NLRB Charges Against Company Even Though It Doesn’t Employ Affected Workers

A fast-growing, socially conscious new economy startup would hardly seem a likely target for an intensive battle with organized labor, especially when the company has built a solid reputation for paying above-market wages and benefits. But today’s labor environment is … Continue reading

Posted in Compensation, Employee Policies & Procedures, Employment Contracts, FLSA/Overtime, Hiring, HR, Interstate Operations, Joint-Employer, Labor Relations, New York, NLRB, Unions, Wage and Hour | Leave a comment

White House Uses Executive Order to Ban the Box for Federal Employment; Opens the Door to Wide-Ranging Impact on Employers

Continuing its longstanding strategy of using Executive Orders to implement new policies and pave the way for future legislation, the Obama administration announced in early November that the federal government would be required to follow a ‘Ban the Box’ protocol … Continue reading

Posted in Background Check, Ban the Box, Civil Rights Act, Criminal History, Discrimination, EEOC, Employee Policies & Procedures, Executive Orders, Federal Government, Government Contractors, OFCCP, Pre-Employment, Title VII | Leave a comment

Paid Sick Leave for Federal Contractors: What Employers Need to Know

On September 7, 2015, President Obama signed an executive order mandating paid sick leave for federal contractor and subcontractor personnel. The order will be implemented through regulations to be released by the Secretary of Labor, and the order will become … Continue reading

Posted in Executive Orders, Family Leave, FMLA, Government Contractors, Medical Leave, Uncategorized | Leave a comment

Virginia Tightens Enforcement Pertaining to Employee Misclassification

As the repercussions of the California Labor Commission’s June 2015 ruling in Uber v. Berwick that an Uber driver was an employee and not an independent contractor continue to unfold, state legislatures and agencies are continuing to drive a renewed … Continue reading

Posted in Employee Classification, Government Contractors, Independent Contractors, Virginia | Tagged | Leave a comment

Overlapping Regulations Compel Extreme Caution by California Employers Before Conducting Employee Background Checks

California has two laws that regulate consumer information that can be collected and provided to employers for use during the process of making employment decisions. Unfortunately, each of the laws have differing disclosure and authorization requirements with which California employers … Continue reading

Posted in Background Check, California, California Civil Code, California Labor Code, CCRAA, Confidentiality, Consumer Credit Reports, Employee Policies & Procedures, Fair Credit Reporting Act, ICRAA | Leave a comment

Employers Await Clarification On Joint Employment Standards Following NLRB Shift

The National Labor Relations Board’s (NLRB) recent ruling in Browning-Ferris Industries of California, et al., Case 32-RC-1009684 (August 27, 2015), has raised concerns among employers for its apparent shift in position regarding the standard for assessing joint employer status under … Continue reading

Posted in EEOC, Joint-Employer, NLRB | Leave a comment

New California Law Requires Grocery Stores to Retain Employees for 90 Days After Change of Ownership

On August 17, 2015, California Governor Jerry Brown signed into law AB 359, which provides protections to certain grocery industry employees upon a change of ownership of the grocery establishment. This new law is being billed as the first State … Continue reading

Posted in California, Hiring, Ownership Transition, Retail | Leave a comment