I intended to visit the age-old topic of sexual harassment anyway, because I recently saw that a California winery just agreed to pay $1.5M to end an EEOC led sexual harassment case. But then, the Congressman who may well have been California’s leading candidate for Governor got hit with massive sexual harassment and assault allegations,…
State of Play in PAGA and Class Action Litigation
Last Monday, the Labor & Employment Section of the Los Angeles County Bar Association held its annual Symposium, and I was honored to speak on the panel entitled “State of Play in PAGA and Class Action Litigation.” The Symposium was an all-day event, comprising numerous panels addressing key issues in employment litigation in 2026. I…
The Controversy Surrounding Workplace Surveillance Software
I was perusing social media this morning (while it was still dark out), and I happened on an article discussing “Bossware.” The term is being applied to workplace surveillance software, which is software that tracks employee keystrokes, monitors internet usage, and even takes random screenshots throughout the day. This software isn’t new, but it’s gained…
Hire With Care
I have had a spate of client cases and situations involving relatively new employees causing drama. In many of those circumstances, looking back, those employees should never have been hired. They were wrong for the job, had insufficient experience, were dishonest in the interview process, or all the above. Had the employer paid attention to…
Be Prepared for Possible ICE Visits Seeking Immigration Related Documents
Last week, one of my larger restaurant clients received an unannounced visit from two plain-clothed agents identifying themselves as working with ICE. They had proper identification and business cards. They were unarmed. They attempted to demand that the restaurant turn over all the I-9s IMMEDIATELY. But that is NOT the law. Pursuant to federal law,…
Compensating For Employees Using Cell Phones
I have touched on this issue before, but I notice there is still confusion about the issue of employees using their cell phones for work purposes. So, let’s break this down and eliminate any misunderstanding. There is a growing trend of employers using workplace apps to communicate with their employees. I got sense of this…
Workplace Know Your Rights Act Effective February 1, 2026 (SB 294)
There have been a few bills and new laws recently with this similar title, but this new law was purportedly in direct response to the recent uptick in ICE raids. And yet, California just has to be California, so there are some other topics tucked into this bill as well. The new law requires that…
Revisiting Attendance Issues – Leaves of Absence, Reasonable Accommodations, and Paid Sick Leave
Managing employee absences is one of the trickiest topics under the human resources umbrella. While we say in our employee handbook that regular attendance is an essential function of the job, the day-to-day task of handling employee absenteeism, and juggling the myriad of related legal issues, becomes a nuanced dance through a minefield. These machinations…
Minimum Wage Rises in California and Many Jurisdictions Within the State, Effective January 1, 2026
As has been our new year tradition in California now for a decade, the state minimum wage is increasing at the start of the year. The CALIFORNIA minimum wage effective January 1, 2026, is now $16.90. When the state minimum wage increases, so does the salary threshold for most exempt employees, which is now $70,304….
New Year’s Resolutions for 2026
Before we break for the year, I wanted to pass along a wee bit of wisdom I have gleaned from some of my cases in 2025. After all, that is in part why I do these Briefings – to share the lessons I learn from the cases and situations I handle. It feels like the…