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[VIDEO] BB&K Webinar: Annual Labor & Employment Update 2016

08 Dec 2016 00:00:00 -0800

BB&K Labor and Employment attorneys discussed new legislation and case law impacting California employers - private and public.

What was discussed:

New legislation
Wage and hour update
Harassment, discrimination and retaliation
Disability discrimination and medical leaves
Benefits update including discussion of the Affordable Care Act and the Flores case
Marijuana in the workplace
Public agency cases and updates

This activity has been approved for minimum continuing legal education by the State Bar of California in the amount of two (2) hours of General Participatory credit. Best Best & Krieger LLP certifies that this activity conforms to the standards of approved educational activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. Best Best & Krieger LLP is a State Bar of California Approved Provider, #1035.

When:
Thursday, Dec. 8
9:30 - 11:30 a.m. PT

Click here for questions.

Materials
Annual Labor & Employment Law Update
New Legislation and Case Summaries

To view a recording of the webinar, click here.

Urban and Rural: Tying the Partnership Together

16 Nov 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 California Association of Resource Conservation Districts' 71st Annual Conference in Ontario, Calif.

BB&K Speakers:

Steve Martin and Nancy Stubbs: "The California Public Records Act - What your District Needs to Know Now"
Jordan Ferguson: "New Horizons: Drones and Regulatory Challenges for the 21st Century"
Thursday, Nov. 17
1:45 - 3 p.m.

Roger Crawford: "The Legal Options and Pitfalls to Avoid when Sharing Employees among Districts"
Friday, Nov. 18
9:45 - 10:45 a.m.

Steve Anderson: "How RCDs can Participate in the Implementation of the Sustainable Groundwater Management Act"
Friday, Nov. 18
3:20 - 4:30 p.m.

When
Wednesday, Nov. 16 - Saturday, Nov. 19

Where
DoubleTree by Hilton Hotel Ontario Airport
222 North Vineyard Ave.
Ontario, CA 91764

For more information or to register, click here.

AB 1825 Sexual Harassment Avoidance Training Webinar (November 16, 2016)

16 Nov 2016 00:00:00 -0800

California's Fair Employment and Housing Act, pursuant to AB 1825, requires that employers with 50 or more employees in California provide at least two hours of Sexual Harassment Avoidance Training every two years to any employee who has a supervisory role in operations. This presentation is designed to satisfy those requirements.

Joseph Ortiz will present the training via a live webinar. The webinar is interactive, allowing attendees to ask questions.

The webinar will cover:

What constitutes sexual harassment and discrimination in the workplace
How to recognize and avoid harassment
What procedures to follow if you witness harassment or are harassed yourself
The potential consequences - including personal liability - of harassment
Training and discussion on abusive conduct in the workplace ("workplace bullying"), in compliance with AB 2053
New FEHA regulations that took effect April 2016

Who should attend:

Supervisors
Human Resources Professionals
Public Officials
Managers & Private Business Professionals with 50 or More Employees

When:
Wed., Nov. 16, 2016
10 a.m. - noon PT

BB&K Presenter:
Joseph Ortiz, Partner
Labor & Employment Practice Group, Riverside office

Cost:
$50 per person

Please provide payment before the training. Otherwise, you will not be able to join the webinar or receive a certificate of completion. Colleagues must register separately.

Registration:
To register for this webinar, please click here.

Deadline for registration and payment is Monday, November 14.

Payment:

PIHRA 2016 Legal Year in Review

10 Nov 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Joseph Ortiz will present “2016 Legal Year in Review,” for the Professionals In Human Resources Association. This presentation focuses on the laws that the savvy HR practitioner should know about, and the significant changes that occurred in Human Resources in 2016. The presentation will include a roll call of the most recent employment-related laws passed by the California Legislature, as well as a "best of" summary of the five biggest legal changes that occurred in 2016. Included will be a discussion of the status of the new white collar exemption salary requirements, new gender protection issues, and much, much more.

When
Thursday, Nov. 10
11:30 a.m. - 1:30 p.m.

Where
Best Best Krieger
3390 University Ave.
5th Floor
Riverside, CA 92501

For more information or to register, click here.

Play hard. Play fair. Play together.

01 Nov 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 CALPELRA 41st Annual Training Conference in Monterey, Calif.

BB&K Speakers:

Isabel Safie and Katrina Veldkamp
"ACA Implementation: What Comes Next?"
Although it seems that the ACA is finally in full effect, the IRS continues to publish new guidance, and aspects of the ACA are in flux or have not yet been implemented. For example, the Cadillac tax – although it has been delayed until plan years beginning on or after Jan. 1, 2020, it is moving forward – in this session you’ll learn about its application and how it will impact your health benefit programs. This session will also focus on recent IRS guidance regarding ACA implementation, including new limitations on health reimbursement arrangement coverage and the effect of cash-in-lieu/opt-out programs on affordability calculations. In this session, you’ll also learn what the presenters have learned from the first year of employer reporting and what employers should change in 2017.
Wednesday, Nov. 2
1:30 - 3 p.m.

Alison Alpert and Joseph Sanchez
"You Can't Say That! Free Speech Issues In Public Employment"
Public employees’ right to free speech is more limited than that of the general public. Whether or not a public employer may take disciplinary action against an employee for speech-related conduct, however, is based on a developing body of case law that provides certain balancing tests and guidelines to determine if the speech is protected under the First Amendment. In this session, you’ll learn how you can legally address employee speech that impairs your agency's mission. The session will also highlight issues involving free speech in cyberspace, union speech, and special rules involving high-level policymakers.
Wednesday, Nov. 2
3:30 - 5 p.m.

Arlene Prater
"Severance and Last Chance Agreements: How to Negotiate and Draft Agreements That Comply With the Law and Protect Your Agency"
Drafting an agreement that best protects your agency, is acceptable to employees’ representatives, and complies with current legal standards can be a challenge. This session starts with an introduction to the benefits of using these agreements and then covers specific provisions and standards, such as complying with recent EEOC and NLRB enforcement actions, restrictions on employment and employee behavior, Public Records Act and Brown Act requirements, waiving due process rights, and use for creative resolutions of discipline and layoff disputes.
Thursday, Nov. 3
10:30 a.m. - Noon

Alison Alpert
"When an Employee Says, 'I’ve Got My Medical Marijuana Card,' What Can an Employer Do?"
Medical marijuana is in the news. As many states, including California, pass laws for the legal use of medical marijuana, employers are left questioning their drug use policies. Explore this important issue in light of federal and state law and existing employer policies. You’ll learn whether an employer can discipline an employee for off-hours and off-site use or influence, when it is pursuant to a valid prescription, or for off-hours and off-site recreational use, whether employers can still lawfully implement zero-tolerance drug use policies, and whether medical marijuana use must be accommodated. You’ll also learn how employers might accommodate medical marijuana use, if they choose. Learn what should be included in your policies to ensure that any discipline will be upheld on appeal, and leave this session feeling relaxed, knowing you’ve learned how to comply with the law.
Thursday, Nov. 3
3:30 - 5 p.m.

When
Tuesday, Nov. 1 - Friday, Nov. 4

Where
Portola Hotel & Spa at Monterey Bay
Two Portola Plaza
Monterey, CA 93940

and

Monterey Marriott
350 Calle Principal
Monterey, CA 93940

For more information or to register, click here.

2016 PELRAC Annual Conference

27 Sep 2016 00:00:00 -0800

Join Best Best & Krieger LLP at the 2016 Public Employer Labor Relations Association of California Conference in San Diego, Calif.

BB&K Speakers
Arlene Prater: “Severance Agreements and Last Chance Agreements – How to Negotiate and Draft Agreements That Comply with the Law and Protect Your Agency”
Wednesday, Sept. 28
10:15 - 11:45 a.m.

Alison Alpert: “When Your Employee Says, ‘I’ve Got My Medical Marijuana Card’ What Can an Employer Do?”
Wednesday, Sept. 28
2:45 - 4 p.m.

When
Tuesday, Sept. 27 - Thursday, Sept. 29

Where
Handlery Hotel
950 Hotel Circle North
San Diego, CA 92108

For more information or to register, click here.

Federal Defend Trade Secrets Act Takes Effect

16 May 2016 00:00:00 -0800

The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade secret misappropriation and a uniform law under which to pursue such claims. For private employers, immediate action should be taken to add to all confidentiality and non-disclosure agreements language informing the employee of their “whistleblower” rights.

The DTSA means that private employers can now file a lawsuit in federal court against former employees who have misappropriated trade secrets. Before the DTSA’s enactment, the laws protecting trade secrets were potentially different in each state. While many states (including California) have adopted versions of the Uniform Trade Secrets Act, those laws routinely differ in their scope and available remedies. The DTSA provides a national law under which employers can protect their trade secrets, making it particularly helpful to companies with operations throughout the country. The DTSA does not preempt or displace the still-existing state laws, but provides employers with an additional and alternative theory.

The DTSA includes several notable provisions, including an early seizure remedy. Under this provision, an employer can request from the court a quick recovery of the allegedly stolen trade secrets. The DTSA authorizes this to be done on an ex parte basis, meaning that the defendant (the individual possessing the secret) would have no advance notice of the seizure. The “extraordinary circumstances” under which such relief will be granted remain to be seen, but this has the potential to be a powerful remedy not available under current California law.

Another noteworthy provision of the DTSA allows the issuance of an injunction to “prevent any actual or threatened misappropriation,” which could be used to prevent former employees from using company secrets in connection with new employment. This provision, however, will have questionable application in California. Given California’s demonstrated commitment to free competition and employee mobility, it would be difficult to obtain any injunctive relief prohibiting a former employee from working for a competitor under the DTSA or otherwise.

What does the DTSA mean for California employers? Employers should continue to take measures to protect their confidential information. Whether information will qualify as a “trade secret” (under California’s statutes or the DTSA) depends on what measures were taken to safeguard the information. These steps can include requiring employees to sign confidentiality agreements, limiting distribution of information, marking the information as “private” or “confidential,” and storing information on a secure system.

The DTSA also provides whistleblower immunity to employees who disclose trade secrets to government officials in connection with a suspected violation of law. For companies that require employees to sign trade secret protections, the DTSA imposes a new notice requirement applicable to new agreements. If employees are required to sign a specific non-disclosure agreement or an employment agreement that includes such protections, then employers are required to provide notice of the whistleblower immunity. If an employer fails to provide this notice, then punitive damages and attorney’s fees are not available to the employer in a lawsuit under the DTSA. For this reason, any confidentiality or non-disclosure agreement with employees (or independent contractors) should be revised to give this notice.

As for California’s public employers, given the public nature of government functions and the laws requiring public disclosure of information (including the federal Freedom of Information Act and the California Public Records Act), it is not likely that public employers would file any claims under the DTSA. Since the DTSA does not preempt any state laws, public entities cannot incur any liability under the DTSA if information is properly disclosed under applicable public records laws.

If you have questions about the new DTSA, contact the attorney authors of this Legal Alert listed at the right in the firm’s Labor & Employment and Business Services practice groups, or your BB&K attorney.

Please feel free to share this Legal Alert or subscribe by clicking here. Follow us on Twitter @BBKlaw.

Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

New FEHA Regulations Take Effect April 1

14 Mar 2016 00:00:00 -0800

New amendments to California’s Fair Employment and Housing Act regulations that go into effect on April 1 include changes to policies on discrimination, harassment and retaliation, pregnancy disability and others. The following are addressed by the new regulations:

Employer Anti-Discrimination, Harassment and Retaliation Policies

The new regulations require employers to develop written anti-discrimination, harassment and retaliation policies that contain the following elements:

List the categories of individuals protected by FEHA.
Explain that FEHA forbids co-workers, third parties, supervisors and managers from engaging in discriminatory, harassing or retaliatory conduct.
Provide a confidential, timely, impartial complaint process that provides for appropriate remedial action and resolution.
Establish a complaint procedure, like a hotline or ombudsman, that does not require employees to directly complain to an immediate supervisor.
Instruct supervisors to report complaints to a designated representative.
Make clear that allegations will be address fairly, timely and confidentially (to the extent possible).
Indicate that appropriate remedial measures will be taken if misconduct is found.
Explain that the employer will not retaliate against employees for complaining or participating in an investigation.

The regulations require employers to disseminate the policies, either by providing a copy in person or by email to all employees with an acknowledgment form to sign, posting the policies on a company intranet site, or discussing the policies with new hires.

The regulations also require employers whose workforce contains 10 percent or more employees whose primary language is not English to translate the policies into every language spoken by at least 10 percent of the workforce.

Pregnancy Disability Leave

The new regulations also clarify FEHA’s requirement to provide up to “four months” or “17 1/3 weeks” of Pregnancy Disability Leave. The regulations explain that “four months” leave is “the number of days the employee would normally work within four calendar months.” Therefore, to determine an employee’s leave entitlement, the employer multiplies the average hours an employee works per week by 17 1/3 weeks. The number of hours individual employees are entitled to take off will vary depending on the employee’s work schedule.

In addition, the regulations provide guidance on accounting for time when using intermittent leave. When employees use PDL intermittently, or use it to work a reduced schedule, the employer may account for leave in increments no greater than the shortest period of time the employer uses to calculate other types of leave, up to one hour. The regulations also make clear that employees are eligible for up to four months of PDL per pregnancy, not per year.

Other Covered Topics

Other issues covered by the new regulations include an explanation of an employer’s duty to prevent and correct discriminatory or harassing conduct, more detailed rules relating to mandatory sexual harassment training, national origin discrimination regulations prohibiting discrimination against employees who hold special driver’s licenses that can be issued to undocumented workers, and regulations conforming to recent legislation regarding gender identity and religious creed discrimination.

The amended regulations are available here.

If you have questions about the new regulations or would like to request review of your discrimination or harassment policies, contact the attorney authors of this Legal Alert listed to the right in the Labor & Employment practice group, or your BB&K attorney.

Please feel free to share this Legal Alert or subscribe by clicking here. Follow us on Twitter @bbklaw.

Disclaimer: BB&K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué.

New Sick Leave Law Goes Into Effect July 1. Is Your Business Ready?

30 Jun 2015 00:00:00 -0800

On July 1, the Healthy Workplaces, Healthy Families Act (AB 1522) officially goes into effect, requiring all California employers to provide almost all employees (including full-time, part-time, per diem and temporary employees) with paid sick leave. Best Best & Krieger’s Labor and Employment attorneys are offering a flat rate service to provide employers with compliant sick leave policies. If a particular employer’s needs are too complex to qualify for the flat rate, BB&K attorneys will be available to consult and provide a more customized policy.

AB 1522 allows employers to choose between an accrual or lump sum method for providing paid sick leave. The accrual method requires that employees can accrue sick days at a rate of no less than one hour for every 30 hours worked. If this method is used, employees may carry over unused sick leave to the next calendar year, but employers can cap accrual at 48 hours (or six days) per year. Conversely, the lump sum method requires an employer to provide a minimum of three full days of sick leave as of the first day of each year but does not include the carry-over requirement.

Under either method, employees must be permitted to use at least 24 hours or three sick days per year, unless the employee has not worked in California for at least 30 days. Notably, employers who already have a paid leave or paid time off policy need not provide any additional sick leave days under this new law, as long as their existing policy provides a sufficient amount of leave that may be used for the same purposes and under the same conditions as specified in AB 1522.

Other Employer Requirements

In order to be in compliance with the new law, employers must:

Allow eligible employees to use accrued paid sick leave upon reasonable request.
Permit sick leave to be used to address the employees’ own health concerns, or those of a family member or for other specified purposes.
Show how many days of sick leave an employee has available. This must be on a pay stub or a written document issued the same day as a paycheck.
Keep records showing how many hours have been earned and used for three years.
Provide formal notice and place conspicuous signs summarizing the requirements of the law.

If you have questions about this new law or would like to request review of your sick leave policy, contact the attorney author listed to the right in the Labor and Employment practice group or your BB&K attorney.

EEOC Releases Guidance on Pregnancy Discrimination Laws

31 Jul 2014 00:00:00 -0800

The U.S. Equal Employment Opportunity Commission has released its new enforcement guidance on pregnancy discrimination issues. This is the first time in three decades that the EEOC has updated its guidance. The guidance covers the Pregnancy Discrimination Act, pregnancy-related matters under the Americans with Disabilities Act and the Family Medical Leave Act, as well as several other federal laws. The EEOC also provided a fact sheet and question-and-answer document for small businesses. Notably, the guidance does not address California’s specific laws and requirements.

The guidance explains that under the PDA, discrimination based on pregnancy, childbirth or related medical conditions are prohibited forms of sex discrimination. Employers must treat pregnant employees and applicants the same way they treat non-pregnant employees and applicants who have similar physical limitations. Similarly, the ADA prohibits discrimination on the basis of disabilities, which may include impairments related to pregnancy though not the pregnancy itself.

The new enforcement guidance explains how these basic principles apply prior to, during and after a pregnancy. For instance, the guidance covers how employers should treat pregnant applicants for employment. Particularly, the guidance outlines breastfeeding and lactation rights of new mothers and also covers diverse advice for employers related to an employee’s infertility treatment, contraceptive use or abortions. The guidance also discusses the range of potential reasonable accommodations under the ADA that may be made for pregnant employees.

Employers should note that the EEOC guidance is not law. In fact, the recent release has sparked some criticism – including from the two republicans on the EEOC who opposed the decision to publish the guidance. Specifically, those objections relate to the decision to publish the guidance shortly after the Supreme Court decided to consider Young v. United Parcel Services, Inc., a Fourth Circuit Court of Appeals case addressing which employees to compare to a pregnant worker when determining if a similarly situated employee was treated differently and what entitlements or accommodations may be available to a pregnant employee. Critics assert the EEOC should have waited for the Supreme Court to weigh in on the issue before releasing its guidance.

California employers must be cognizant that state-specific laws impact their rights and obligations regarding pregnant employees. For more information on the new EEOC guidance and California-specific pregnancy discrimination laws, or other discrimination laws and compliance issues, please contact one of the attorney authors of this legal alert listed at right in the Labor and Employment practice group, or your BB&K attorney.