This post was authored by Paul Knothe.
On February 20, 2019, the U.S. Supreme Court decided Timbs v. Indiana, holding for the first time that the Eighth Amendment to the U.S. Constitution’s prohibition of excessive fines applies to civil forfeiture by state law enforcement agencies. It did not, however, decide how large a forfeiture
This post was authored by Paul D. Knothe.
On September 30, 2018, Governor Edmund G. Brown, Jr. signed two significant pieces of legislation, Senate Bill 1421 and Assembly Bill 748, that will require major changes in how law enforcement agencies respond to requests for peace officer personnel records. We described this legislation in detail
This post was authored by Paul Knothe.
Assembly Bill 2282, signed into law by Governor Brown on July 18, 2018, attempts to clarify elements of California’s salary history and equal pay statutes, Labor Code sections 432.3 and 1197.5. This legislation, which appears to help answer several common questions about these statutes, takes effect January
On October 12, 2017, Governor Jerry Brown signed into law AB 168, which will go into effect January 1, 2018 as Labor Code 432.3. This new statute prohibits employers, in many circumstances, from attempting to obtain information regarding a job applicant’s salary history, or from considering that salary history in determining whether to offer employment
Religious diversity, including the protection of religious minorities, is a core American value, as shown by its prominent placement in the First Amendment of the U.S. Constitution, in the establishment and free exercise clauses. California is, unsurprisingly, a leader in religious diversity. Many religious believers adhere to, and find deep meaning in, religious observances including
This post was authored by Paul Knothe and Kaylee Feick
On May 30, 2017, the United States Supreme Court issued a decision in County of Los Angeles v. Mendez. LCW attorneys, J. Scott Tiedemann and Leighton Henderson, submitted an amicus curiae brief to the United States Supreme Court in the case on behalf of
California’s Department of Fair Employment and Housing (“DFEH”) revised an existing regulation and adopted a new regulation regarding employers’ use of employees’ and applicants’ criminal history in employment decisions, effective July 1, 2017.
Restrictions that are specific to the use of criminal records were moved from California Code of Regulations, Title 2, Section 11017 to
California has statutorily prohibited unequal pay on the basis of sex since 1949. As a previous blog post explained, that law was amended in 2016 to formally change the standard for equal pay claims based on sex. Instead of requiring equal pay for “equal” work, the statute now requires equal pay for “substantially similar
Every election has its share of controversy and hot-button issues; the 2016 election, however, is a spectacle the likes of which few of us have ever seen. It is inevitable that employees will talk about the election in the workplace, and, especially in this volatile political climate, these discussions can result in heated arguments. Because
In Stanislaus County Deputy Sheriffs’ Association v. County of Stanislaus, decided August 11, 2016, the California Court of Appeal, Fifth Appellate District, held that custodial deputies may lawfully carry concealed firearms while off duty without obtaining a CCW permit, and invalidated the Stanislaus County Sheriff’s policy of requiring all such custodial deputies to obtain