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Publications
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01.22.2024Valentine’s Day Marks Compliance Deadline for California Noncompete Notification RequirementUpdatesAB 1076 went into effect on January 1, 2024, and codifies existing case law by making it expressly unlawful for employers to utilize any noncompete agreement with employees that does not satisfy an exception to Section 16600.
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01.16.2024 (UPDATED 1.18.2024)Five Questions Companies Are Asking About DOL's New Independent Contractor RuleUpdatesThe U.S. Department of Labor published its final independent contractor rule on January 10, 2024. The final rule revises the Trump administration’s interpretation of “employee” under the Fair Labor Standards Act to determine whether a worker is an employee or independent contractor.
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12.28.2023Update: New California State Law Addresses Noncompete AgreementsPodcastsIn this episode, Heather and Matt discuss Senate Bill 699 and provide tips on what actions employers may want to take to best serve their companies.
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10.20.20232023 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2023 California legislative year closed, it is once again time to summarize the new legislation that will affect businesses operating within the state and highlight relevant action items related to these bills.
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10.20.2023Update: California Supreme Court Limits Utility of Arbitration Agreements for PAGA ClaimsPodcastsJoin Heather and Matt to learn more about the current state and utility of arbitration under California’s Private Attorneys General Act (PAGA).
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09.18.2023New California State Law Addresses Noncompete AgreementsUpdatesAbsent specific exceptions, under California Business and Professions Code section 16600, California generally prohibits employers from entering into contracts with employees that preclude those employees from engaging in a lawful profession, trade, or business of any kind.
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07.20.2023California Supreme Court Limits Utility of Arbitration Agreements for PAGA ClaimsUpdatesIn June 2022, in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022), the U.S. Supreme Court held that the Federal Arbitration Act preempts the rule that precludes the use of an agreement to divide PAGA claims into individual and representative claims.
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06.30.2023The Supreme Court Decision Heightens Undue Hardship Standard Applicable to Workplace Religious AccommodationsUpdatesThe Supreme Court of the United States issued its opinion in Groff v. DeJoy on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the accommodation would result in “substantial increased costs in relation to the conduct of its particular business.”
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05.11.2023Update: Deadline Looms Under California Pay Data and Disclosure LawPodcastsCalifornia’s enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022.
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04.18.2023Deadline Looms Under California Pay Data and Disclosure LawUpdates
California’s enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023 for Reporting Year 2022.
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03.28.2023NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance AgreementsUpdatesThe National Labor Relations Board recently ruled in McLaren Macomb that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act. Recently, NLRB General Counsel Jennifer A. Abruzzo issued a memorandum to all regional directors, officers-in-charge, and resident officers to “assist Regions in responding to inquiries from workers, employers, labor organizations, and the public about implications stemming from the case.”
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02.24.2023Time To Update Arbitration Agreements—Mandatory Arbitration Is Again Permissible in CaliforniaUpdates
California employers with employees and job applicants subject to the Federal Arbitration Act can once again require such individuals to sign arbitration agreements as a condition of employment.
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11.22.2022California COVID-19 Employment Regulations Extended Through 2023Updates
In 2022, California again passed assembly bills related to COVID-19. The recent legislation extended some employer obligations while easing others. Touching upon many topics, these bills address supplemental paid sick leave, testing requirements, workers’ compensation, and notification requirements for positive cases.
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11.01.2022California To Protect Employee Off-Duty Cannabis Use Effective 2024Updates
California Governor Gavin Newsom signed Assembly Bill 2188 into law on September 18, 2022. AB 2188 will amend the state’s employment anti-discrimination law—the Fair Employment and Housing Act—and make it an unlawful practice for an employer to discriminate against an adult applicant or employee based upon the “person’s use of cannabis off the job and away from the workplace.”
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10.31.2022Ninth Circuit Rules Time Booting Up Computer May Be Compensable Under FLSAUpdatesThe U.S. Court of Appeals for the Ninth Circuit held, in Cariene Cadena et al. v. Customer Connexx, LLC et al., that the time a group of call center workers spent booting up their computers was compensable time under the federal Portal-to-Portal Act.
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10.27.2022Beware Rise in Lawsuits Under NY Manual Worker Pay RuleArticles
Law360
Many employers in New York may be unaware that they may be required to pay their employees weekly. -
10.24.20222022 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. This Update provides summaries of key legislation as well as action items to consider.
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10.03.2022Are We All “Manual Workers” Under New York Law?UpdatesIn the retail environment, customer service is paramount. Workers spend their time answering questions, stocking shelves, organizing displays, sourcing and sizing, and, yes, even gift-wrapping sometimes. But they're not assembling the products, so they certainly aren’t “manual workers,” right? Not necessarily.
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09.30.2022San Francisco’s New Public Health Emergency Law Creates Mandatory Paid LeaveUpdatesBeginning October 1, 2022, when a public health emergency is in place, businesses with 100 or more employees worldwide must provide up to 80 hours of paid Public Health Emergency Leave each calendar year to each employee who performs work in the city of San Francisco.
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07.01.2022Florida Bans Mandatory WOKE Workplace ActivitiesUpdatesSome employers in Florida will be prohibited from requiring their employees to attend activities that promote or otherwise endorse certain concepts related to race and sex beginning July 1, 2022.
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06.17.2022US Supreme Court Cracks the Door Slightly Open for Arbitration of PAGA ClaimsUpdatesCalifornia’s Private Attorneys General Act is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the employee and fellow current and former employees.
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05.26.2022CA Court Confirms Employers Must Timely Pay and Report Meal Period Premiums or Face Additional PenaltiesUpdatesThe California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and failure to provide accurate itemized wage statements based on untimely paid or unreported meal and rest period premiums.
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05.09.2022Rare Employer Victory in CA Misclassification CaseUpdatesA unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. The U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an independent contractor in good faith.
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03.08.2022New Law Ends Forced Arbitration of Sexual Assault and Sexual Harassment DisputesUpdatesPresident Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, into law on March 3, 2022.
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2021Frequently Asked Employment Questions Regarding COVID-19Lawyer Publications
View Perkins Coie’s archived frequently asked employment questions regarding COVID-19. These FAQs have not been updated to address OSHA’s emergency temporary standards regarding COVID-19 vaccination mandates announced on November 4, 2021.
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11.16.2021Employers Are Offering Different Types of Shots at This Year’s Holiday PartiesUpdatesEmployer vaccination policies are probably the hottest topic in this final quarter of the calendar year. Some employers are even planning to offer COVID-19 vaccination shots at holiday parties to make it easier for employees to get vaccinated.
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11.05.2021Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.
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11.05.2021OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe Occupational Health Safety Administration (OSHA) issued the anxiously-awaited COVID-19 Vaccination and Testing Emergency Temporary Standard (Vaccine ETS), which mandates that private employers with 100 or more employees (Employers) implement a COVID-19 vaccination policy.
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10.25.20212021 California Labor, Employment, and Independent Contractor Legislative UpdateUpdatesWith the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies.
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09.01.2021COVID-19 Vaccine Questions AnsweredUpdatesWith the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses.
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05.14.2021
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03.22.2021The Ninth Circuit Clarifies When California Law Applies to Employees With Remote WorkplacesUpdatesPrior case law established that California’s wage-and-hour laws apply to non-California residents when they perform work in the state of California. In Bernstein v. Virgin America, Inc., the Ninth Circuit addressed whether certain California wage-and-hour laws applied to employees who spent the majority of their working hours outside of California.
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03.22.2021While Rounding Time Entries Can Be Permissible for Working Hours, the California Supreme Court Has Now Held It Is Not Permissible for Break TimeUpdates
California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. In a case of first impression, Donahue v. AMN Services, LLC, ___ P.3d ___, 2021 WL 728871 (Cal. 2021), analyzed whether an otherwise-permissible time rounding system could be used to account for break time, without violating the intent of California laws mandating complete meal periods of at least 30 minutes.
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02.17.2021Why Corporate Ethics Helps the Bottom LinePodcasts
Workplace Rules - Episode 3
Heather Sager is joined by former Airbnb, Inc. general counsel and chief ethics officer, Rob Chesnut, for a frank discussion addressing the realities of establishing a vibrant, accountable, corporate ethics program, and why integrity must start at the top and engage your entire workforce to be truly effective. -
01.20.2021California’s Supreme Court Confirms the Retroactivity of the ABC Test Established in the 2018 Dynamex DecisionUpdatesOn January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc., holding that the ABC test used to determine independent contractor versus employee status for purposes of California’s Wage Orders announced in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 applies retroactively.
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12.16.2020Holiday Season Compliance Pointers For Retail EmployersArticles
Law360
For retailers, the holiday season is indeed the most wonderful time of the year: increased foot traffic, increased revenue and endless loops of cheerful holiday music on the in-store system. -
11.04.2020California’s Prop 22 Passage Allows Tech-Based Companies to Classify Drivers as ContractorsUpdatesOn Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors.
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10.28.2020This Holiday Season, Don’t Open Pandora’s Box!UpdatesFor retailers, the holiday season is indeed the “most wonderful time of the year.”
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10.09.20202020 California Labor & Employment Legislative RoundupUpdatesCalifornia’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment.
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09.21.2020California Expands Family Rights Act LeaveUpdatesGovernor Gavin Newsom signed SB 1383 which expands the California Family Rights Act (CFRA) on September 17, 2020.
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09.14.2020California’s Independent Contractor/Employee Determination: New Legislative Changes to the ABC TestUpdatesThe “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4 Cal.5th 903 (2018), described here.
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09.14.2020NY Court Strikes Down Significant Portions of DOL’s Final Rule Defining Joint Employment Scenarios Under FLSAUpdatesThe U.S. Department of Labor’s (DOL”) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (the Final Rule).
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05.08.2020Reopening During a Pandemic: Understanding COVID-19-Related Labor & Employment Challenges For Businesses and InsurancePodcasts
Insurance Considerations Amid COVID-19
Perkins Coie’s Insurance Recovery Attorneys Jim Davis and Brad Dlatt interview special guest Perkins Coie Labor Partner Heather Sager, who is counseling companies operating during the Covid-19 pandemic. Topics include how businesses find out if they are allowed to re-open, what employers need to know about having employees return to work, the use of health screenings, privacy issues arising from new procedures, the implication for insurance, and a brief legislative update. -
04.17.2020Essential Businesses in Several States Now Must Provide Face Masks to EmployeesUpdatesOn April 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued an updated recommendation that all workers and members of the general public should consider using non-medical face masks or face coverings to prevent the spread of COVID-19 transmission and infection.
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03.19.2020Congress Passes the Families First Coronavirus Response ActUpdatesIn a 90-8 vote, the U.S. Senate passed the Families First Coronavirus Response Act.
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03.16.2020H.R. 6201 Families First Coronavirus Response Act: Paid Leave, Emergency Leave, and Implications for the WorkplaceUpdatesThe Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020.
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03.16.2020The Families First Coronavirus Response Act—What Could It Mean for Employers?UpdatesThe Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020.
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03.12.2020COVID-19 Officially Declared a Global Pandemic: The Practical Impact on EmployersUpdatesOn March 11, 2020, the World Health Organization (WHO) officially declared the outbreak of the coronavirus (COVID-19) a global pandemic.
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02.18.2020California Supreme Court Requires Employers to Pay for Mandatory Exit SearchesUpdatesThe California Supreme Court recently issued a decision holding that the time spent on an employer’s premises waiting for and undergoing required exit searches is compensable time that must be paid to employees.
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11.05.2019California Employment Law Legislative Update 2020UpdatesWith the California legislative year now closed, we know which proposals became reality and offer insight into their likely impact on California employers in the coming year.
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01.25.2019Labor Issues a Costly Concern During AcquisitionsArticlesWhen a company is considering a merger or weighing the idea of an acquisition, it is crucial to assess the impact on operations and, specifically, on labor and employment issues.
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09.24.20186 Crucial Labor & Employment Areas for Buyer Due DiligenceArticlesIf you’re looking to acquire a company and you’re not paying close attention to labor issues, you could be wading into risky territory.
Presentations
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05.15.2024Specialty Areas: Labor and Employment / Executive Compensation and Employee BenefitsSpeaking Engagements
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10.25.2023 – 10.27.2023How to Protect Your Confidential Information When Non-Compete Agreements Are Losing FavorSpeaking EngagementsRetail Industries Leaders Association / Atlanta, GAThe law surrounding non-compete agreements is changing at a rapid pace, as new legislation is being enacted, enforcers are moving, and private litigants are bringing actions.
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10.05.2023Union Organizing & Labor Relations in the Gaming IndustrySpeaking EngagementsVideo Game Bar Association Summit Northwest / Seattle, WA
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06.13.2023Labor & Employment Issues in AcquisitionsSpeaking EngagementsPractising Law Institute
Acquiring or Selling the Privately Held Company / Online Conference -
06.06.20232023 Annual Labor & Employment Law Workshop (Virtual)Speaking EngagementsWebinarThis year’s agenda includes presentations on the Federal Trade Commission’s controversial proposed ban on noncompete agreements and a panel presentation featuring noteworthy speakers addressing workplace violence.
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06.06.2023Labor & Employment Law UpdateSpeaking Engagements
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05.22.2023Labor & EmploymentSpeaking Engagements
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04.25.2023No Good Deed Goes Unpunished: Benevolent Discrimination in the WorkplaceSpeaking EngagementsMyLawCLE / Webinar
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03.29.2023Implicit Bias and Employment Discrimination: Avoiding Liabilities in the Hiring, Reviewing, and Disciplining ProcessSpeaking EngagementsStafford / Webinar
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03.22.2023Post-Pandemic Workplace / Labor Relation IssuesSpeaking EngagementsVideo Game Bar Association (VGBA) / San Francisco, CA
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12.20.2022Diversity Initiatives and Benevolent Employment Discrimination: Mitigating Claims for Well-Intentioned CompaniesSpeaking EngagementsStafford Webinars / Virtual
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05.24.2022How To Navigate the Future Work Environment From a Human Resources & Legal PerspectiveSpeaking Engagements
Sponsorship
NAWBO Silicon Valley – Education Group For Women Business Owners
San Jose, CA / VirtualMarina Gatto and Heather Sager were panelists and discussed questions like "Should we continue to have our employees work remotely or come back into the office?" -
05.12.2022Admitting Social Media Evidence in Employment Litigation: Overcoming Authentication, Relevance, and Hearsay ChallengesSpeaking EngagementsStrafford / VirtualThe panel will discuss challenges with the admission at trial of social media evidence, authenticating the evidence, proving its relevancy, and making or overcoming hearsay objections.
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04.08.2022What is NextSpeaking EngagementsIn California, the Private Attorneys General Act PAGA has become the "it" claim in wage and hour litigation.
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11.11.2021A Toke Is No Joke: Legal Cannabis and Employment PracticesSpeaking EngagementsCannabis legalization is happening all across the country. As more people are taking advantage of the widespread availability of cannabis products, how can employers best navigate this dynamic legal landscape?
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06.10.20212021 Labor & Employment Law Virtual WorkshopWebinarsHalf-day virtual employment law workshop that includes topics on: COVID-19 vaccination requirements and return-to-work considerations; the current National Labor Relations Board and what to expect regarding union activity during the new administration; and an update on key developments in federal and certain state employment laws.
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05.25.2021The Nitty Gritty: Issues to Consider When Joining a BoardSpeaking EngagementsGet-on-Board with Ophthalmic World Leaders / Digital Program
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05.12.2021Labor & Employment Issues in AcquisitionsSpeaking EngagementsPractising Law Institute: Acquiring or Selling the Privately Held Company 2021 / Online Conference
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05.07.2021Supporting Black-Led Organizations: Pro Bono Models for Organizational Capacity-BuildingSpeaking Engagements2021 ABA/NLADA Equal Justice Conference / Online Conference
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03.23.2021Networking in a Pandemic: How to Stay Sane, Self-Advocate and Be Successful in the New NormalSpeaking EngagementsDriving Diversity in Law & Leadership Virtual Summit / San Francisco, CA
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11.19.20202020 Labor and Employment Law Virtual WorkshopWebinarsA half-day, virtual employment law workshop, which will cover a variety of topics, including diversity and inclusion in the workplace, navigating sensitivities around political law issues, key considerations for remote working, and recent employment law changes all business owners should know.
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10.09.2020AI in Hiring: Legal and Ethical ConsiderationsWebinarsAI has the power to reduce or heighten unlawful discrimination in hiring and other employment practices.
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05.15.2020
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05.13.2020Labor and Employment / Executive Compensation and Employee BenefitsSpeaking Engagements
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04.09.2020 & 04.14.2020COVID-19 Corporate Leader Considerations Two-Part Webinar SeriesWebinarsLeading during a health pandemic requires strength, vision, and an ability to look around corners. Join us for a two-part webinar series that will highlight a variety of risks and opportunities that company leaders should be aware of as we navigate through major business changes.
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04.2020The CARES Act Webinar SeriesWebinarsJoin us for a timely webinar that will address key considerations for businesses exploring the financing opportunities made available under the CARES Act.
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03.30.2020Trends in the WorkplaceSpeaking EngagementsBizhaven & The Sacramento Business Journal / Sacramento, CA
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03.10.2020Coronavirus (COVID-19) and the Workplace - What Every US Employer Should KnowWebinarsAs U.S. officials encourage Americans and American companies to prepare for, and as some companies are already dealing with significant disruptions to their daily routines, employers need to keep in mind the current state of applicable employment laws when implementing a response.
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03.04.2020Work-Life Integration: Balancing Professional Success and Personal FulfillmentSpeaking EngagementsWomen in Legal & Corporate Leadership / San Francisco, CA
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03.03.2020Using Arbitration Agreements and Contractors in CaliforniaWebinarsJoin Perkins Coie’s California Labor & Employment attorneys for a webinar that will provide insight into the new laws governing arbitration agreements and contractors in California effective January 1, 2020.
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10.18.2019Dynamex, AB5 and Future of the On Demand/Gig EconomySpeaking Engagements2019 Wage & Hour Litigation and Management / San Francisco, CA
Wage & Hour Developments
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Deadline for California Employer’s Pay Reports Fast Approaches
The deadline to comply with California pay reporting requirements is fast approaching. As reported last year, SB 1162 (codified in section 12999 of the California Government Code) requires private employers having 100 or more total employees to submit an annual report detailing pay, demographic, and other workforce data to the California Civil Rights Department (CRD)...
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Deadline Looms Under California Pay Data and Disclosure Law
California’s enhanced pay data reporting requirement under SB 1162 for 100 or more employees or 100 or more workers hired through labor contractors is due May 10, 2023, for reporting year 2022. More information is found here.
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On May 23, 2022, the California Supreme Court issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and failure to provide accurate itemized wage statements based on untimely paid or unreported meal and rest period premiums. Prior to...
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California Requires COVID-19 Supplemental Paid Sick Leave Through September 30, 2021
On March 19, 2021, Governor Newsom approved SB 95, which requires COVID-19 supplemental sick leave through September 30, 2021 and creates new COVID-19 vaccine–related paid sick leave obligations for covered employers. The new law, which adds Sections 248.2 and 248.3 to California’s Labor Code, is effective immediately, but the employer obligation to provide COVID-19 supplemental paid...
