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Employment Law

New Harassment Policies Required in California

By Blog, Business Law, Employment Law

By Stephen C. Gerrish, Senior Counsel
Employers in California should immediately review their harassment policies to ensure compliance with California’s new harassment prevention regulations.
California law mandates that employers have an affirmative duty to prevent harassment and discrimination. Employers must take “all reasonable steps necessary to prevent discrimination and harassment.” (Ca. Govt. Code section 12940(k)). With regard to sexual harassment, California law requires the posting of a state-developed poster and the distribution to employees of a state supplied pamphlet (form DFEH-185 brochure, or similar written notice). Now, new regulations have been promulgated that broaden an employer’s notification and internal policy requirements. These regulations are effective April 1, 2016, and require employers to “develop a harassment, discrimination, and retaliation prevention policy that: Read More

Selling Restricted Stock of Private Companies

By Blog, Business Law, Employment Law

Anyone who holds restricted stock of a non-public company, such as Twitter, Box, or Palantir among others, probably has discovered it is possible to find buyers for their stock by contacting Second Market or Shares Post or other broker-dealers who specialize in assisting in the purchase and sale of restricted stock of companies experiencing rapid growth and share appreciation.

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How To Comply With Brinker?

By Blog, Employment Law

…little attention so far has been given what is perhaps the most important question for California employers: What is required, practically, to comply with the mandate that an employer “… relieves its employees of all duty, relinquishes control over their activities and permits them a reasonable opportunity to take an uninterrupted 30-minute break, and does not impede or discourage them from doing so.”

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Employment Arbitration, Again

By Blog, Business Law, Employment Law, Litigation

A California Court of Appeal has written another chapter in the unfinished epic struggle between the federal and California courts over the enforceability of employment arbitration agreements. And it reads against enforceability. The decision, Mayers v. Volt Management Corp., is of practical value, and provides guidance on drafting and implementing an employment arbitration agreement…

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