This two-part video podcast episode from guest host Stanley Stringfellow cautions employers about compliance with two hiring protocols California imposed last year. In part one, Stanley explains the restrictions on employers running pre-hire co

Caveat Conductor: Dangers for Employers Hiring in California (Part One)

Feb 11th, 2013 6m 14s

Classification Frustration: Factors That Mitigate For And Against Independent Contractor Status

Oct 11th, 2012 10m 11s

This video podcast episode reminds employers of some of California’s rules for properly classifying workers as independent contractors. First, Harry covers the perils of relying on a choice of law clause to “contract away” California’s employe

How One Might Avoid A $167 Million Employment Verdict

May 30th, 2012 16m 46s

A $167.7 million verdict can focus a company’s attention dramatically, especially when it comes in a single-plaintiff sexual harassment case. In fact, this recent verdict may be the largest single-plaintiff sexual harassment verdict in Californ

New Employment Laws

May 30th, 2012 9m 57s

As an added mid-year compliance bonus, we link with guest host Carla Feldman’s reminder of the most important California and federal employment statutes that went into effect in 2012, in the event that you need a reminder of new compliance chal

Is This Harassment Or Are You Just Unhappy To See Me?

May 30th, 2012 8m 20s

What is and isn’t evidence of harassment in the workplace? This video podcast episode covers some answers for California. Specifically, it addresses the generous relevance standards set by California courts in harassment cases and an employer’s

Brinker: The Plaintiff’s Perspective

May 8th, 2012 25m 57s

Want to see what a thoughtful California wage-hour plaintiff’s attorney has to say about Brinker and wage-hour lawsuit triggers for the future, and other issues going forward? Join Arent Fox Partner Harry Johnson as he interviews Jason Marsili

Brinker: What Compliance Lessons Can We Draw?

May 8th, 2012 8m 50s

This video podcast delivers a summary of the most important compliance lessons that employers can draw from Brinker. Topics include the role of written policies, the timing and substantive break standards set forth in Brinker, and adopting a m

You’re Going Where? Departing Employees and Trade Secret Protection

Mar 13th, 2012 8m 50s

In this video podcast episode, we explore trends in the outcomes of trade secret misappropriation cases and discuss some elements of trade secret misappropriation protection plans. Specifically, we provide some ideas for you to consider when de

After Hours: Casual Friday - Love Contracts

Feb 9th, 2012 5m 9s

Regarding love, it can be a beautiful thing in the workplace. Until it’s not. Some employers have tried to shield themselves from legal claims involving co-worker romance (and failed romance) by using a “love contract” – an agreement memorializ

Love, Hate, and Employment Law

Feb 9th, 2012 9m 54s

The Ninth Circuit recently took the National Labor Relations Board to task in Plaza Auto Center v. NLRB, Case Nos. 10-72728 et al., (9th Cir., December 19, 2011) for applying inconsistent standards to regulate employees’ protected, concerted ac

The Administrator Will See You Now: Changes to California’s Administrative Exemption Standards after Harris v. Superior Court

Feb 2nd, 2012 10m 37s

The administrative exemption to overtime is typically the most difficult exemption for employers and courts to apply under both federal and state law, and that is equally true in California. In this episode, Harry covers the California Supreme

Can you Keep a Secret? How to Draft Confidentiality and Liquidated Damages Provisions that Will Zip Lips

Jan 24th, 2012 9m 30s

You have finally settled that nasty sexual harassment suit. Do you want to keep your settlement terms confidential? Do you want to avoid not-so-flattering press coverage? How can a settlement or severance agreement accomplish that goal? In this

Board to Death: The NLRB’s New Union Organizing Reform Initiatives Are Set For 2012

Dec 28th, 2011 9m 55s

The National Labor Relations Board has had a very busy December 2011. On December 21, the Board took a final vote to pass its currently revised version of union election case procedures, as an amendment to the Code of Federal Regulations. This

Where California Employment Class Actions Go After AT&T Mobility

Dec 7th, 2011 11m 38s

AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011) applied the Federal Arbitration Act to uphold a “class action waiver” and overrule a key California doctrine that had prevented enforcement of arbitration provisions making disputes individ

After Hours: Casual Friday - Harry versus HR Wolf

Dec 7th, 2011 3m 30s

Please join Harry for “After Hours: Casual Friday” for, as it indicates, some semi-comic relief from your employment law issues. More laughs and less groans, or so he hopes...

California Disability Accommodation, Leaves, and the Interactive Process: Interview With Trial Lawyer Tim McCaffrey

Oct 7th, 2011 9m 21s

Disability leave and accommodation are always hot topics in California. This episode, Harry is privileged to interview Tim McCaffrey, Esq., a noted employment trial lawyer in Los Angeles with a specialty and substantial trial experience in both

California Overtime Relief: Explicit Mutual Wage Agreements And How To Draft Them

Sep 14th, 2011 9m 33s

Employers attempting to follow California’s stringent overtime standards often seek to make employee overtime costs more predictable as part of their business planning. Here, Harry discusses a case that helps employers meet that goal. In this e

Five Things Latin American Companies Should Know Prior To Doing Business In California

Aug 11th, 2011 10m 32s

In this episode, guest host Jennifer Terry discusses five things that might surprise Latin American companies thinking about doing business in California. Her conversation highlights how seemingly harmless employment ads may give rise to claims

Time Waits For No One: The Threat of the Pay Delay Class Action

Jul 20th, 2011 9m 52s

At the end of last year, in Pineda v. Bank of America, 50 Cal. 4th 1389 (2010), the California Supreme Court made a previously rare species of class action much more of a compliance threat. In this episode, Harry covers the resulting danger of

Email: Some Lines Are Drawn

Jun 23rd, 2011 10m 36s

Episode 9 covers employee emails, privacy, and adverse actions. People tend to be more free-wheeling when using email communications, and managers and employees are no exception. Harry covers Holmes v. Petrovich Development, addressing how far

Employee vs. Independent Contractor: The Increasing Risk Of Misclassification

May 18th, 2011 7m 8s

Episode 8 discusses the growing risk of misclassifying employees as independent contractors. Many businesses rely on independent contractors to augment their regular workforces. These businesses see advantages to using trained, non-employee wor

Interview on New Trends in California Wage Order Class Actions and Litigation Tactics with special guest Steven G. Pearl

Apr 21st, 2011 10m 29s

Welcome to Episode 7. It’s our first interview episode, and it covers a lot of terrain. Episode 7 of After Hours features an interview with Steven G. Pearl, wage-hour class action litigator, commentator, and mediator. Steven is author of The Ca

Suitable Seating: Attack of the Chair!

Mar 25th, 2011 9m 36s

In this Episode, Harry covers the Home Depot and 99 Cent Stores cases and their real impact on an employer’s compliance burdens. Most employers understandably thought the chair was their friend, but now have to view it as yet another potential

The State of California… Employment Arbitration, That Is

Mar 9th, 2011 8m 33s

In this Episode, Harry brings together superheroes, unconscionability and the US Supreme Court! Harry discusses several of the most common doctrines used to vitiate employment arbitration agreements. Harry notes some recent cases outlining spec