Littler Workplace Policy Institute

Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, discuss developments from the ongoing California state legislative session. Bruce and Corinn review key labor and employment measures under consideration in Sacramento, including a spate of bills aimed at curbing sexual harassment. They highlight numerous noteworthy measures on a range of topics, covering wage and hour proposals, potential updates to the Private Attorneys General Act, and assorted anti-discrimination bills.

Originally posted, December 18, 2017. Updated, January 29, 2018.

Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, review the status of the California Private Attorney Generals Act, which authorizes employees to recover penalties for many Labor Code violations. They discuss how PAGA currently operates, explore open questions concerning the law, and summarize the recent employee-friendly Lopez v. Friant & Associates appellate court decision. Bruce and Corinn also look ahead, addressing possible legislative clarification of PAGA as well as ballot initiatives that might put PAGA amendments to a vote in 2018.

Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, discuss how the 2017 Tax Cuts and Jobs Act affects the terms of settlement agreements used for sexual harassment claims. They address how the new law alters business expense tax deductions related to such settlements. They also review several additional federal and state initiatives that would curtail the use of nondisclosure or arbitration agreements in the harassment context.

Bruce Sarchet and Corinn Jackson, both with Littler’s Workplace Policy Institute, explore the nitty-gritty details of California’s new salary history inquiry ban. The new law – which takes effect January 1, 2018 – prohibits employers from relying on, or seeking out, pay history information about job applicants. Bruce and Corinn discuss the evolution of California’s salary history inquiry ban, the compliance challenges it creates, and how California employers can prepare for this sea-change in hiring practices.

In this podcast, WPI Co-Chairs Ilyse Schuman and Michael Lotito review the status of several labor and employment issues, as the Trump Administration closes out its first nine months. Ilyse and Michael discuss pending nominations to fill numerous key positions within the Department of Labor, EEOC, and National Labor Relations Board. They address anticipated changes to the EEO-1 report and the overtime rule, both of which are under reconsideration by the new leadership. Join Ilyse and Michael as they explore regulatory and legislative developments at the federal and state levels, including potential clarification on what it means to be a joint employer.

Under current California law, employers may ask job applicants about their wages in current or former jobs. A new ordinance in San Francisco, however, will make such inquiries illegal.

Corinn Jackson with Littler’s Workplace Policy Institute (WPI) and Sacramento Shareholder Bruce Sarchet, also a member of the WPI team, discuss how this ordinance will drastically change the hiring practices of San Francisco employers. They review the purpose and the terms of the new law, which prohibits employers both from asking candidates about their salary history and from disclosing pay history to other prospective employers. While the ordinance does not take effect until next July, Corinn and Bruce encourage employers to familiarize themselves now with its requirements and to begin preparing for compliance.

As workplace regulations spread among California cities, employers confront a tangled web of local rules – particularly those companies with operations in multiple locations. Addressing this compliance challenge with practical suggestions, Corinn Jackson with Littler’s Workplace Policy Institute (WPI) and Sacramento Shareholder Bruce Sarchet, also a member of the WPI team explore new regulations in Emeryville, San Jose, and San Francisco that mandate advance notice of work schedules and require offering additional work hours to part-time employees before hiring from the outside. Corinn and Bruce encourage employers to carefully evaluate whether the laws apply to their operations and, if so, provide training and guidance to supervisors and managers who will need to implement the requirements. Additionally, Bruce and Corinn note that ongoing monitoring of compliance will be critical, along with legal consultation.

Ilyse Schuman, Co-Chair of Littler’s Workplace Policy Institute, talks with Sacramento Shareholder Bruce Sarchet about two new bills pending in the California legislature dealing with the concept of equal pay for equal work. One would prohibit employers from asking about salary history during the job application process, and another would require large employers to file reports regarding pay for men vs. pay for women. Bruce provides background on California’s current equal pay law, discusses national - as well as California state and local - legislative trends surrounding equal pay, and outlines potential future legal challenges.

Most organizations would agree that their people are among their most important assets. So why is it that so few organizations believe that their HR department is one of their most important divisions? At a time when the President of the United States is calling for building America again, buying American again, and creating those great-paying American jobs again, Michael Lotito, co-chair of Littler's Workplace Policy Institute and a Littler shareholder, explores many of the reasons why HR is not just critical to this endeavor, but will be the driving force behind it. From engagement, to retention, to compensation strategies, to safety issues, and even to the protection of corporate values and morality, Michael affirms that it is HR professionals who have the experience and ability to provide insight and to develop strategies to address these issues, and therefore their voices must be heard.

On Wednesday, October 5, 2016, the WPI gave a one-hour review of the year’s major California employment laws affecting private sector employers. Major new laws include:

• Increasing and indexing the state minimum wage (including for many agricultural workers)

• Expanded paid sick leave requirements

• Expanded equal pay requirements

• Smoking in the workplace

• Those new laws affecting only some California employers, or those only in certain cities or counties

WPI Co-Chair Ilyse Schuman interviewed Littler attorneys Chris Cobey and Cooper Spinelli, who have extensive California legislation experience including on these and other new laws, related political developments, and anticipated legislative action in 2017 in the Golden State.