Publications

Up-to-date information for employers on topics and issues that may affect workplace operations. The posts are current as of the date of the posting.

The Form I-9 “Hire Date” Trap

Employers have become highly efficient at onboarding new hires. Electronic systems now allow employees to complete tax forms, benefits elections, and employment paperwork before their first day of work. That efficiency has created a surprisingly common compliance...

Navigating Notice Rights in Workplace Investigations

Workplace investigations are a balancing act. On one side is the employer’s obligation to promptly and thoroughly investigate alleged misconduct. On the other is the respondent’s expectation of fairness, and particularly the right to be informed about the allegations...

AB 692 Limits Repayment Agreements

Beginning on January 1, 2026, California employers are subject to sweeping new limits on the repayment obligations they can impose on workers. Assembly Bill 692 restricts so-called “stay-or-pay” provisions that require employees to repay money if they leave employment...

California’s Pay Transparency Shift

California has long been at the forefront of employee-protection laws, and compensation transparency is no exception. For decades, employers commonly tried to limit pay discussions to avoid tension among staff. But wage secrecy is largely incompatible with...

California Leave and Accommodation Laws Expand for 2026

California employers will face a significantly more complex leave and accommodation landscape beginning on January 1, 2026. The Legislature has enacted new laws that broaden employee rights to take protected time off, expand the definition of permissible “safe time,”...

What is a “Safety-Sensitive” Position Under California Law?

Employers across California continue to grapple with how best to balance workplace safety, employee rights, and compliance with ever-changing drug and alcohol regulations. One area that has attracted increased attention is the definition of a “safety-sensitive”...

Calculating the “Regular Rate of Pay” in California

In California, the “regular rate of pay” is used to calculate overtime pay, paid sick leave under the Healthy Workplaces, Healthy Families Act, meal and rest period premiums, split shift premiums, and reporting time pay. Employers often assume the regular rate of pay...

Dispelling Persistent Workers’ Compensation Misperceptions

In California, one principle is firmly established: the workers’ compensation system is the exclusive remedy for employees who sustain work-related injuries. Rooted in the state Constitution, this system embodies the so-called “compensation bargain,” where employees...

Prospectively Signed Meal Waivers Are Enforceable

On April 21, 2025, the California Court of Appeal issued a significant ruling in favor of employers. In Bradsbery v. Vicar Operating, the court held that revocable meal period waivers prospectively signed by employees are enforceable, unless the waivers are...

EEOC Guidance on “Unlawful” DEI

Within a few days of taking office, President Trump issued an executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which is aimed at “terminating all discriminatory and illegal preferences” in federal agencies and in the...

New California Employment Laws Coming!

With a February 21, 2025, deadline to introduce new California legislation, several employment-related bills recently were unveiled. Although some of them may not make it to the Governor’s desk, they provide a snapshot of what lawmakers will be debating during this...

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