Employers with operations in California – from established corporations to emerging and startup companies – face unique challenges. California law often sets the national trend with employment law developments predating changes across the country. Our biannual breakfast series consists of interactive seminars offered throughout the Golden State aimed at helping participants learn about the latest legal developments and explore ways they may avoid liability by developing preventive strategies. We encourage human resources executives and professionals, in-house counsel and chief executive officers to attend. Continue Reading You Won’t Want to Miss This! The California Workplace Law Breakfast Series End of Year Update

Four drivers who transported cargo from the Ports of Long Beach and Los Angeles were misclassified as independent contractors and subjected to illegal paycheck deductions, a California Court of Appeal has held.  Garcia et al. v. Seacon Logix, Inc., No. B248227 (July 16, 2015) (unpublished).  This case reiterates a simple, yet important principle of employment law: notwithstanding the express language in an “Independent Contractor Agreement,” workers are employees—and not independent contractors—if the business controls the manner and means of their work.  Continue Reading California Court of Appeal Affirms Expense Reimbursement Award to Misclassified Employees

A depressed employee who was fired for threatening to kill his co-workers was not a qualified individual entitled to protection under the Americans with Disabilities Act, as the employee could not perform essential job functions, with or without an accommodation, a federal appeals court in San Francisco has ruled, affirming judgment in favor of the employer. Mayo v. PCC Structurals, Inc., No. 13-35643 (9th Cir. July 28, 2015). The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. Continue Reading Death Threats Against Co-Workers Defeat Employee Disability Discrimination Claim, Federal Court Rules

Co-hosted by Juniper Networks and Jackson Lewis P.C., the Collaboratory Series offers interactive workshops designed to highlight “real life” compliance issues and solutions for employers. 2015 has been another year for groundbreaking new decisions and rules from the National Labor Relations Board. Not only did the “quickie election” rule go into effect on April 14th, but the Board has also continued to redefine workplace law in other significant ways. In this session, we will discuss the law, trends and recommendations for employer consideration. Continue Reading Complimentary Silicon Valley Labor Seminar on September 9, 2015

California employers are required to have a written and effective Injury and Illness Prevention Program (IIPP). Violations of IIPPs account for the highest portion of all California workplace health and safety citations every year, costing employers time and hundreds of thousands of dollars in penalties. In particular, section 3203(a) violations – the section of California law requiring employers to implement an effective IIPP and to document hazard training given to employees – is an area of liability that many employers can proactively avoid. Continue Reading California Summer E-Series Webinar: How to Avoid Cal/OSHA’s Most Commonly Violated Standard and Develop an Effective IIPP

IMG_0252On July 31, 2015, Associate Stephanie Yang met with Luo Linquan, the Consul General of the People’s Republic of China in San Francisco. The meeting was conducted in collaboration with the Silicon Valley Chinese Technology and Business Association (SVCTBA) as part of a larger initiative to increase collaboration between the Chinese government and the U.S. private sector and to introduce them to Bay Area businesses. In addition to Jackson Lewis, the Consul General met with financial services, wealth management, computer hardware, hospitality management and biotech companies.

If you have any questions about how the firm can assist Chinese businesses with employment law compliance in San Francisco, Silicon Valley or California, please contact Stephanie at +1 (415) 796-5486 or Stephanie.Yang@jacksonlewis.com.

An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration provisions in the agreement, the California Supreme Court has held. Sanchez v. Valencia Holding Co., LLC, No. S199119 (Aug. 3, 2015). The much-anticipated decision has significant implications for arbitration agreements between employers and employees. Continue Reading California Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State Rights

Jackson Lewis Shareholder Punam Sarad will serve as a panelist at the Bay Area Employer 411: What You Need to Know About the New Laws on Equal Pay, Fair Scheduling and Slavery-Free Supply Chains Conference hosted by the San Francisco Department on the Status of Women, Department of Labor/Women’s Bureau, Equal Employment Opportunity Commission and American Association of University Women/San Francisco Branch. The panel will be followed by a roundtable discussion about the Family Friendly Workplace Ordinance and Retail Workers Bill of Rights. Continue Reading Bay Area Employer 411: What You Need to Know About the New Laws on Equal Pay, Fair Scheduling and Slavery-Free Supply Chains

National workplace law firm Jackson Lewis P.C. congratulates Los Angeles Associate Karen Eneas on receiving the National Bar Association’s 2015 40 Under 40 Nation’s Best Advocates Award. These prestigious awards recognize the nation’s top attorneys under 40 who demonstrate a variety of achievements in areas such as innovation, vision, leadership and legal and community involvement. Continue Reading Los Angeles Associate Karen Eneas Presented with the National Bar Association’s 2015 40 Under 40 Nation’s Best Advocates Award

Employers with operations in California – from established corporations to emerging and startup companies – face unique challenges. California law often sets the national trend with employment law developments predating changes across the country. Our biannual breakfast series consists of interactive seminars offered throughout the Golden State aimed at helping participants learn about the latest legal developments and explore ways they may avoid liability by developing preventive strategies. We encourage human resources executives and professionals, in-house counsel and chief executive officers to attend. Continue Reading You’re Invited: The California Workplace Law Breakfast Series End of Year Update