This blog article was authored by Partner Danny Yoo in 2021.  It has been reviewed with additional discussion included in August 2025 and is up-to-date. 

When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement. …

During a Starbucks “listening session,” in 2022, in response to an employee’s attempt to discuss the benefits of unionization and Starbucks’ alleged unfair labor practices at other stores, former CEO Howard Schultz proclaimed, “If you’re not happy at Starbucks, you can go work for another company.” The National Labor Relations Board (NLRB) held that the…

Public agencies often find themselves caught between two important obligations: protecting confidential information and fulfilling legal requirements for transparency. Questions commonly arise about when—and how much—sensitive information can be redacted without running afoul of the law. This blog post addresses some of the most common redaction scenarios involving California Public Records Act (“CPRA”) requests, union…

Public agency employers in California are facing increasing pressure to offer competitive, flexible, and legally compliant employee benefits. But there is one foundational document many agencies still overlook or perhaps do not fully understand—the Section 125 cafeteria plan. Without it, certain popular and tax-advantaged benefits cannot be offered, and agencies may inadvertently run afoul of…

If your agency is a contracting agency with the California Public Employees’ Retirement System (CalPERS), chances are you have heard about the important distinctions between an “employee” and an “independent contractor” under the Public Employees’ Retirement Law (PERL).  Whether an individual is an “employee” or an “independent contractor” determines whether the individual must be enrolled…

Senate Bill (SB) 399, the “California Worker Freedom from Employer Intimidation Act” (“Act”), will prohibit compelled attendance at employer-mandated meetings to discuss political and religious matters, including the decision to join or support a labor union. The Act adds the new Labor Code section 1137, and is effective January 1, 2025.

Prohibition Against Employer-Mandated Political …

You have probably heard a lot about leaves under the Family and Medical Leave Act (FMLA), California Family Rights Act (CRFA), and other well-established leave laws, but below are some less common types of leave that employers should recognize and cover in their policies.

SCHOOL ACTIVITY

The Family School Partnership Act provides employees the option…

This post appeared in November 2017.  It was reviewed in September 2024 to provide the most up-to-date legal information.

This principle used to be clear – paid administrative leave was outside the scope of adverse employment action.  This was based on court holdings that an employee suffers no substantial or material change in terms and…