With the U.S. Supreme Court’s decision in Epic Systems Corp. v. Lewis this week, I thought it would be a good time to review the pros and cons of arbitration agreements in the workplace. This this Friday’s Five is a video in which I cover five things you want to know about arbitration agreements, but
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Pen-and-paper or electronic timekeeping: time records under CA law
I received a few questions this week that I have not heard asked in a while: In what manner do employers need to keep time records? Can they be kept electronically, or do they have to be written? A follow-on question was: Do employers need to have a computerized timekeeping system to comply with their…

When “try out” time needs to be paid under California law
When hiring an employee, employers need to be mindful that any tests of the employee’s skills during the hiring process does not cross the line to become actual work that the applicant must be paid for. Employers sometimes will ask applicants to demonstrate their food preparation skills in a restaurant setting, handling tools in a…
California state and minimum wage issues in 2018
I just posted a new video on my YouTube channel about the issues facing employers with the state and local minimum wage increases in 2018 (embedded below). At the end of the first quarter in 2018, it is a good time to review compliance with the state and local minimum wage laws, and to start…
Five California employment law bills to watch in 2017
Mid-way through 2017 and the California legislature is busy and, as expected, there are a number of employment law bills making their way through the legislature. This Friday’s Five reviews five bills that could have a major impact upon California employers if passed:
1. AB 168 – Prohibition of asking salary history when hiring employees.…
California proposed immigration bill imposes steep fines for employers who cooperate with federal immigration requests
Assemblymember David Chiu (D-San Francisco) introduced a bill – AB 450 – that would put employers between the federal government and the state of California in the immigration debate. Basically, the bill imposes penalties on employers who cooperate or do not notify the state of federal immigration actions taking place at their locations. As set…
Friday’s Five: When hugs can constitute harassment
Plaintiff Victoria Ztwick worked as a correctional office for the County of Yolo. See Zetwick v. County of Yolo. She sued the County and her supervisor, Sheriff Edward Prieto alleging that the supervisor’s conduct over a 12-year period created a hostile work environment. She alleged the harassment consisted of Prieto hugging her on more…
Friday’s Five: I’m now legally “old”
The law has to define certain terms and categories of people in order to make legal concepts predictable so people and companies can adjust their actions accordingly. However, after turning 40 years old this month, the definition of “old” hits home with me. According to the law, I’m old. Moving on quickly, this Friday’s Five…

The tail wagging the dog: five rules of when attorney’s fees can be awarded in wage and hour cases
Often the threat of the plaintiff’s potential ability to recover attorney’s fees is greater than the actual damages that they can prove. This can be frustrating for employers defending wage and hour claims, in both the individual and class action context. Indeed, an employer must understand the potential damages and exposure of fees they may…
Five reminders about paid sick leave requirements in Southern California
With the arrival of 2017, many employers are recognizing the difficulties in navigating the complex set of paid leave laws in Southern California. For regular readers of the blog, this may seem like a repeat, but this post is five items employers need to remember about paid sick leave laws in Southern California.
1. The…