California’s Computer Data Access and Fraud Act (CDAFA) (also referred to as the “Anti-Hacking Statute”) prohibits access to computers, computer systems, and networks without permission in order to do harm or engage in unauthorized use. (See California Penal Code § 502). Violation of the CDAFA may range from a misdemeanor to a felony offense, and

One year after the public health emergency caused by COVID-19 began, hope is on the horizon as vaccine production and distribution increases and eligibility criteria for vaccinations expands.  With many employees teleworking during the pandemic, employers are starting to consider post-pandemic working arrangements, including the return of employees to the workplace.  As employers think about

The term “hostile work environment” is used – or rather, misused – so often, that its meaning has become somewhat obscured.  In an office full of fans of the local sports team, the sole fan of its archrival may say that being singled out as such creates a “hostile work environment.”  Or, in a workplace

In 2015, someone shot a police officer and a suspect was later arrested.  While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting.  He wrote, “It’s a shame he didn’t have a few holes in him.”  An anonymous tip came in about the post, there was

On January 8, the Department of Occupational and Safety (Cal/OSHA) updated its interpretive guidance concerning emergency COVID-19 regulations that took effect on November 30, 2020. The guidance reflects new information concerning employer obligations and employee entitlements under both Title 8 Sections 3205 and 3205.1, which, respectively, relate to the COVID-19 Prevention Program (CPP)[1] and workplace

During these unprecedented times, it is likely that employees may be utilizing various forms of protected leave under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA).  Some employees may be tempted to work remotely during their leave, perhaps to catch up, to stay ahead, or to offset the amount of time

On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations.[1] In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act (“FD&C Act”), a law outside of the EEOC’s jurisdiction that nevertheless provides a

With the new year approaching, now is a good time to audit your agency’s compliance with sexual harassment training requirements.  Since 2005, the California Fair Employment and Housing Act (“FEHA”) has required employers to provide supervisory employees with training in preventing sexual harassment (sometimes called “AB 1825 harassment training”). Recently, the State Legislature has greatly

This article was reviewed January 2021 and the information is up-to-date.

On December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (the “Order”), addressing a number of issues related to COVID-19 and the present public health emergency.

In this bulletin, we address several issues of significant importance to employers, including revisions to the

On November 19, 2020, the Occupational Safety and Health Standards Board (“OSHSB”) issued a series of new regulations related to COVID-19, which are set forth in Title 8 of the California Code of Regulations (“C.C.R.”) Sections 3205 through 3205.4 (“Cal/OSHA regulations”). While employers have rightfully focused on their obligation under Section 3205 to adopt and