Don’t Miss CDF’s April 22 Webinar on the Use of Criminal History Inquiries For Employment Purposes

Our subscribers are reminded of our upcoming webinar on Tuesday, April 22, 2014 on the subject of criminal history inquiries during the hiring process (and for subsequent employment purposes).  In this webinar, CDF Partner Mark Spring will discuss recent developments in the law in this area, including recent federal EEOC enforcement guidance and the increasing number of states and cities (most recently San Francisco) enacting "ban the box" laws that limit criminal history inquiries on employment applications and in the employment context more generally.  He will also discuss additional restrictions on criminal history inquiries imposed by California law and offer practical guidance on best practices for California employers to follow in order to minimize risk in this area of increasing legislative focus and litigation.  For more information on this complimentary 30-minute webinar and to register, click here.  

Beyond Obamacare:  How A Second Term For The President Will Likely Impact Employers & HR Policy

On January 22, 2013 from 10:00 a.m. - 11:00 a.m. PST, CDF Partner Todd Wulffson will host a complimentary webinar discussing the anticipated impact of the President's second term on employers.  With the 2012 election behind us, businesses need to plan for anticipated changes in government regulations and administrative enforcement.  The last four years under the Obama Administration have brought significant changes in federal enforcement involving employers.  The President has established an aggressive, pro-employee approach in both his Executive Orders and his administration’s agencies.  With the current divided Congress, employers should expect a similar approach in the future – namely, increased regulations from administrative agencies to avoid the likely gridlock that would occur over trying to pass new laws.  Based on the tide of new regulations flowing out of Washington, the last four years may have just been the warm-up act.  There are significant, and potentially costly, trends emerging at the federal agency level.  In addition, the Democrats now have a supermajority in both California legislative houses along with a Democratic Governor.  To get a brief, but very helpful, look into what our experts expect to see in the coming year from Washington and Sacramento, this is a webinar you will want to attend.

In this webinar, we will review:

  • New enforcement actions and trends by the Department of Labor with more actions and higher penalties.  This will likely include more focus on employee misclassification and overtime issues.
  • A significantly more active OSHA (and Cal-OSHA), including stricter injury and illness reporting duties, and focus on areas such as electronic communications and smartphones used at work and while driving.
  • EEOC claims are already at an all-time high (as are DFEH claims in CA).  The EEOC is expanding its outreach efforts to help generate employee job-bias claims.  The agency is also focusing on “systematic” bias, and particularly on emerging issues, such as using Title VII to protect members of the LGBT community in the workplace.
  • The NLRB will continue its foray into the non-unionized employer world and will continue to try to make it easier for unions to organize.  We will discuss how we expect pro-employee/pro-union rulings and memos to continue to be issued by this agency during Obama’s second term.
  • Buoyed by a significant majority in both houses, we expect to see an aggressive push of pro-employee legislation from our friends in Sacramento this term, including, but not limited to, bills addressing minimum wage, providing expanded leave rights, and making it easier for employees to prove retaliation.

We hope you will join us for this engaging and informative webinar!

MCLE & HRCI Credit is available (approvals are currently pending).

For more information and to register, click here.

Webinar: New Laws & Regulations in the Golden State for 2013

2012 has been one of the most active years in California labor and employment law in recent times.  Changes have been made in many fields, including, but not limited to, wage and hour law and regulation, personnel file inspection rules, immigration, social media regulations, and California discrimination laws.  Some of these updates are already effective.  Many others become effective on January 1, 2013.  Please join CDF Partners Mark Spring and Robin Largent for a complimentary webinar on November 27, 2012 from 10:00 a.m. to 11:00 a.m. PST, during which they will update attendees on these legal developments, as well as what changes employers will need to make to policies and practices to ensure compliance with these developments.  For more information and to register, click here.  This webinar is approved for MCLE and HRCI credit.

Wage & Hour Class Actions: What Companies Doing Business in California Need to Know

Employing people in California means dealing with California’s unique and complex wage and hour regulations.  California employers are increasingly finding themselves having to defend against costly wage and hour class actions and PAGA lawsuits.  These lawsuits frequently cost large sums of money to resolve, either through litigation or settlement.  To aid companies in navigating past California’s wage and hour class action minefields, CDF partners Tim Freudenberger and Alison Tsao are hosting a complimentary webinar on September 19, 2012 at 10:00 a.m. PDT.  We will be discussing the most common types of California wage and hour violations that provoke class action litigation and will offer ways to avoid, manage and resolve these issues to help minimize the risk of a costly wage and hour class action lawsuit.  

In this webinar, we will review:

The most common types of California wage and hour claims that result in class action litigation
What you should know about the class action process if you are facing a putative wage and hour class action
How to avoid potential class action claims, including reviewing key policies and procedures to ensure compliance with California law

We hope you will join us for this engaging and informative webinar!  MCLE and HRCI credit is available.  To register, click here.

Bring Your Own Device (BYOD) to Work: What Employers Need to Know

Mobile devices are ubiquitous – but maintaining state of the art technology can be expensive.  Because employers want to reduce costs, and employees want to use their own and often more current Smartphone or other devices, many companies are opting for a Bring Your Own Device (BYOD) policy in lieu of company-issued Smartphones, tablets, and/or laptops.  BYOD, however, can bring with it significant and unique risks of liability, security, and unforeseen costs down the road. Blurring the lines between work time and personal time can also create significant wage and hour problems.  Whether your company is evaluating a potential BYOD policy or you already have one in place, this free seminar is a great opportunity to evaluate many of the issues California employers need to consider.  Please join us for a complimentary webinar on August 21, 2012 from 10:00-11:00 a.m. (PDT) during which CDF Partner, Todd Wulffson, will discuss:

  • Overview of some of the hidden costs in a BYOD policy
  • Liability risks for employers – social media, wage and hour, and employee privacy
  • Data breach and other security risks
  • Necessary policy provisions
  • Best practices for implementing, training, and enforcing the policy

MCLE and HRCI credit is available.  For more information and to register, click here.

Tim Freudenberger Named a Top California Labor & Employment Law Attorney by Daily Journal

CDF LLP is pleased to announce that its founding partner, Tim Freudenberger, has been named to the Daily Journal’s prestigious list of top labor & employment law attorneys in California.  Freudenberger, who is well known for his successful and precedent-setting defense of wage and hour class actions, most recently led the legal defense team that achieved a dramatic 1st District Appellate Court reversal of a $15 million judgment against U.S. Bank National Association in Duran v. U.S. Bank

Freudenberger works from the firm’s Orange County office in Irvine and represents companies based in California and across the country that have workforces in the Golden State.  He has specialized in the defense of employment litigation for 24 years and in class action defense for nearly 14 years, and is one of only a few California attorneys who have gone to trial in two separate wage and hour class action lawsuits – one in Alameda County and one in San Diego County.  Freudenberger heads the firm’s class action defense practice group.

Duran v. U.S. Bank could potentially set legal precedent for employers throughout California, and beyond, on issues relating to class certification and the trial of wage and hour class actions.  In Duran, the court ruled, in a 75-page unanimous decision, that the trial plan used to try the overtime misclassification class action was invalid and decertified the class.  The case currently is under review by the California Supreme Court.

Freudenberger’s successes in this practice area led to his recognition by the Daily Journal.  The top attorneys were toasted at a special reception July 17 at the City Club on Bunker Hill in Los Angeles and the complete list of recognized labor and employment attorneys is being published in the Daily Journal on July 18.

“Over the years, I’ve defended more than 100 class action cases and my priority has always been to aggressively defend employers.  I haven’t sought recognition but it’s certainly rewarding to be included on this list of preeminent attorneys in labor & employment law,” said Freudenberger.

“Because class action defense litigation is very specialized, inclusion on this list provides visibility for the kind of work our firm does and the successful track record we enjoy,” Freudenberger added.

Other clients for whom class certification or class actions were defeated by Freudenberger and his class action defense team include U.S. Bancorp, Domino’s Pizza, Roth Staffing/Ultimate Staffing, Tommy Hilfiger Retail, LLC, Certified Tire & Service Centers, Inc., MetroPCS California, LLC., Jack In The Box and Skilled Healthcare, LLC.

Freudenberger, a resident of San Juan Capistrano in Orange County, earned his law degree at University of California, Hastings College of Law, and his undergraduate degree from University of California, San Diego. He is a member of the Orange County Bar Association.

Social Media:  Protecting Trade Secrets in the Age of Instant Communications

Every employer aware of the power and speed of the internet and social media should take necessary precautions to protect their trade secrets and other confidential information from disclosure.  Join CDF on July 17, 2012 at 10:00 (PDT) for a complimentary webinar on Social Media: Protecting Trade Secrets In The Age Of Instant Communication.

Attendees will learn best practices to undertake before, during and after employment to safeguard their crown jewels from renegade employees.  In addition, we will present updates on legal developments in this area including the latest on monitoring employee use of social media and the nuts and bolts of a social media policy.  And, finally, we will discuss putting together the correct team in the event of a worst case scenario. 

CDF's webinars are approved for MCLE and HRCI credit.  For more information and to register, please click here.

Immigration in a Nutshell: What Every Employer Should Know

On June 20, 2012, from 10:00a.m. -11:00 a.m. (PDT), CDF Immigration Practice Group Chair Greg Berk will be hosting a complimentary webinar on Immigration in a Nutshell:  What Every Employer Should Know.  This webinar will cover the most pressing and current immigration information employers need to know in the following areas:

• B-1 Visitor Visas for Overseas Employees, Vendors and Customers

• OPT and STEM Work Permits for Foreign National Graduates of U.S. Colleges

• H-1B Visa Compliance

• PERM Labor Certification & Challenges to Sponsoring  an Employee for Permanent Residency

• Latest I-9 Enforcement Trends & Best Practices to Ensure Compliance

Attendees will learn the essential immigration compliance issues facing employers and how to avoid the most common mistakes that regulators often look for.  We hope you will join us for this informative webinar.  For more information and to register, click here.

Social Media and the NLRA: Important Information for Employers

On Thursday, May 24 at 10:00 a.m. PDT, CDF Partner Mark Spring will be presenting a complimentary webinar on Social Media and the NLRA.  The NLRB has taken an aggressive position in protecting employees who post negative and derogatory comments on social media about their employers and/or supervisors.  They are issuing complaints against union and non-union companies. Do you know if your social media policy complies with the NLRB's broad view of "protected concerted activity" on the internet?  This webinar will help you understand when it is okay for employers to discipline employees for inappropriate social media activity and when such activity is protected by the National Labor Relations Act.  We will also provide information and guidance on how employers should consider drafting and/or modifying their written social media policies so that they are in the best position if the NLRB challenges their policy or a decision made pursuant to the policy.  Finally, time permitting, we will also discuss some bonus practical advice for California employers who have employees using smart phones and other similar portable devices as part of their job function.  We hope you will join us for this informative webinar.  To register, click here

CA Comes to Texas: Post-Brinker Advice-How to Minimize Risk in Management of Meal & Rest Breaks for CA Employees

The California Supreme Court issued its long-awaited decision in Brinker v. Superior Court (Hohnbaum) on April 12, 2012.  This decision finally answered the much litigated question of what it means to "provide" a meal break under California law.  The Court's decision also addressed issues surrounding when a second meal break is required, and clarified the rest break requirements of California law.  Finally, the Supreme Court made it clear that despite some favorable changes, class action litigation on meal and rest break issues remains viable.  What Brinker failed to address is exactly what changes employers with California employees need to make to their meal and rest break practices in order to minimize legal exposure.  However, on May 16, 2012, Texas-based employers with California operations can get this information directly from CDF attorneys coming to Dallas to help explain the new meal and rest break landscape in California.  During this complimentary seminar hosted by CDF Partners Brent Giddens, Mark Spring and Robin Largent, we will discuss the Brinker decision, how it impacts meal and rest break policies and practices going forward and what employers should do in its wake.  The seminar is on May 16 from 3:30-5:00 p.m. (followed by cocktails and hors d'ouevres from 5:00-6:00) at Le Meridien (Galleria) in Dallas.  We hope you can join us for this informative seminar.  For additional details and to register, please click here.

Editor
Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or rlargent@cdflaborlaw.com BIO »

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