Lewis Brisbois Bisgaard & Smith LLP

Labor & Employment

Labor & Employment Practice

All Blog posts

Tips for Employers When Drafting Employment Applications Posted on: May 19, 2022 In: Labor & Employment
Employers trying to minimize risk of legal exposure must consider several critical issues when screening prospective hires, including drafting and reviewing employment applications. A job application is a vital part of the screening process and provides an organized way for the employer to collect information from applicants. But applications must be drafted to comply with all relevant federal, state, and local laws and so, by extension, contain several legal traps for the unwary.
Read more »

Tags:
human resources, hiring, eeoc, equal employment, personal information, employment law
Check the Checklist! Four Considerations When Hiring Your First Employee Posted on: May 13, 2022 In: Labor & Employment
So, you’ve started a business all by yourself. That is no small feat. You have chosen an awesome company name, your tax documents are all in order, and your website has been generating lots of traffic. Now, your business is booming, and you’re up to your nose in work! It might be time to hire your first employee. That will also be no small step, and there are many considerations to, well, consider. Here’s a checklist to keep in mind.
Read more »

Tags:
employment law, hiring, human resources, small business, wage and hour
California Employers’ New Obligations Under the CPRA Posted on: May 11, 2022 In: Labor & Employment
In November 2020, California voters approved Proposition 24 – also known as the California Privacy Rights Act (CPRA) – a ballot initiative that amended the California Consumer Privacy Act (CCPA). While the CCPA explicitly granted data privacy rights to California residents in their capacity as consumers, the CPRA grants employees additional rights with respect to their data rights.
Read more »

Tags:
ccpa, cpra, california, human resources, personal information
Effective Non-Competition Agreements for Expanding Businesses Posted on: April 20, 2022 In: Labor & Employment
Expansions in your workforce and market territory can increase the likelihood that your business will encounter jurisdictional issues that can affect your non-competition agreements. A growing business should carefully scrutinize overly broad non-competition provisions in order to draft an agreement that is durable enough to survive such changes. This article will discuss some issues that can affect your non-competition agreements plus suggestions to consider in navigating the growth of your company.
Read more »

Tags:
non-competition, employment agreements, mergers, trade secrets, employment law
Tips for Employers for Compliant Handbook Policies and Practices Posted on: April 19, 2022 In: Labor & Employment
Every employer who has ever faced the seemingly daunting task of preparing an employee handbook or updating existing policies knows how overwhelming the process may seem. From ensuring the policies are exhaustive to analyzing whether they comply with the law in your state, the task may seem like a big project. This post provides some tips for employers when reviewing their policies and procedures.
Read more »

Tags:
employee handbook, human resources, employment law, labor law
No Private Right of Action for Financial Kickback Retaliation Under New York Labor Law Posted on: April 18, 2022 In: Labor & Employment
Retaliation under New York Labor Law can take many forms, but we rarely hear about it in the context of wage kickbacks. This is because the statute only provides a private right of action to plaintiffs in limited situations. A recent case made it all the way to the Court of Appeals – New York’s highest court – to determine whether an aggrieved employee could pursue his suit for kickback retaliation under the applicable Labor Law.
Read more »

Tags:
new york, labor law, retaliation, wage and hour, kickbacks
Federal Law Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims Posted on: April 15, 2022 In: Labor & Employment
On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which took effect immediately. The Act effectively bans employers from requiring mandatory arbitration of sexual harassment and sexual assault claims, whether arising under federal, state, or tribunal law. Consequently, employees across the U.S. now have the right to choose between pursuing such claims in court or through private arbitration.
Read more »

Tags:
arbitration, sexual harassment, human resources, employment law, employment agreements
California Employers: New Law Expands Record Retention Requirements Posted on: April 13, 2022 In: Labor & Employment
The California Department of Fair Employment and Housing (DFEH) enforces civil rights laws with respect to housing and employment. In 2022, Senate Bill 807 (SB 807) changed the requirements for employers to maintain and preserve personnel records. Effective January 1, 2022, employers must now preserve these records for a minimum of four years, and possibly longer if a DFEH complaint has been filed.
Read more »

Tags:
california, employment law, records retention, human resources, dfeh
Absent Investigation, Florida Private Sector Whistleblower Act “Retaliation” Claim Requires Actual Violation of Law, Rule, or Regulation Posted on: April 12, 2022 In: Labor & Employment
The Florida Private Sector Whistleblower Act prohibits retaliatory action by private employers as against employees who provide information to, testify, or otherwise participate in an investigation before an appropriate governmental agency as to an employer’s legal violation. However, a Florida federal court recently granted summary judgment in favor of an employer in such an action because the employee failed to prove an actual legal violation.
Read more »

Tags:
florida, whistleblower, retaliation, employment law, human resources
New York State Human Rights Law Amendments for the First Quarter of 2022 Posted on: March 28, 2022 In: Labor & Employment
New York continues to be in the vanguard with respect to amending its anti-discrimination laws to expand employee rights and remedies. This post addresses the most recent newly adopted amendments, but it appears more significant amendments are imminent. We will advise as the law continues to be amended.
Read more »

Tags:
new york, human rights law, anti-discrimination, anti-harassment, employment law
A Primer on Employee Expense Reimbursements in California Posted on: March 08, 2022 In: Labor & Employment
In California, employers must reimburse their employees “for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer." (Labor Code Section 2802.) Expense reimbursements can include use of personal cellphones, computers, vehicles, and more. The purpose of the law is to prevent employers from passing their operating expenses on to employees.
Read more »

Tags:
california, employee reimbursements, wage and hour, human resources, payroll
Prevailing Wages: Who Needs to Pay Them & What Happens When They Don’t Posted on: February 14, 2022 In: Labor & Employment
Contractors and subcontractors working on certain federally and state-funded construction projects should ensure they follow federal and state prevailing wage laws when submitting bids and paying their employees. Failure to follow these laws can result in steep penalties for the employers.
Read more »

Tags:
prevailing wages, wage and hour, payroll, compensation, contractors

‹
4
5
6
7
8
›