employment law

Egg-Freezing: Will It Help Women at Work?


Egg-Freezing: Will It Help Women at Work?

Apple, Facebook, and other employers have often struggled to recruit and retain female employees in a male-dominated industry. Recently, these companies – as well as others including law and financial services firms – have been adding new employee benefits to attract high-quality, professional women to keep on their payroll.

One of the newest benefits offered is cryo-preservation, also known as egg-freezing. Some believe this new benefit is great for women who want to have a career and delay raising children, and for those women who have not yet found the right partner with whom to start a family. Others see this “benefit” as another way of forcing women to choose career over family, insinuating that women cannot have both a career and family simultaneously.

In my article titled “Egg-Freezing: Is it Truly an Employee Benefit,” co-author Claudia Castillo and I examine some of the social, economic, and legal issues surrounding this new employee benefit. We encourage you to read the article published in the Contra Costa Lawyer magazine and add your own comments to the conversation.

2015: New Employment Laws In California


2015: New Employment Laws In California

For 2015, California employers must be aware of a few important (and somewhat complicated) new – or changed – employment laws. I am happy to post a PDF version of 10 of those new employment laws in California. Some of these new laws should be reflected in Employee Handbooks, involve providing notices to employees, and require new training for managers and supervisors.

10 New Employment Laws for 2015

As always, please do not hesitate to contact me to discuss these laws, to update your company’s Employee Handbook and other essential documents and agreements, or for assistance regarding any other employment/HR issue.

Is LinkedIn Violating the Fair Credit Reporting Act?


Is LinkedIn Violating the Fair Credit Reporting Act?

In my December 2014 post for Maximize Social Business, I explored some bad news for LinkedIn. First, in a new class action complaint filed in California (Sweet v. LinkedIn), LinkedIn is facing claims that it violated the Fair Credit Reporting Act (“FCRA”).

The lawsuit involves LinkedIn’s “Reference Search” service, which is only available to premium account holders. The service identifies connections in the premium account holder’s network who share a common past employer with the job applicant.

So, essentially, it organizes, cross-references and provides information to premium account holders about those who might have some relevant information about the job applicant’s work at a prior employer.

The four named plaintiffs allege that they were denied jobs with prospective employers because those employers contacted other LinkedIn users identified by the “Reference Search” as having worked with them (and presumably, those identified LinkedIn users did not give positive feedback on the plaintiffs). To see more about this lawsuit, and my analysis of it, read my article titled: “Allegations of LinkedIn Violating the Fair Credit Reporting Act“.

In my same post, I also analyze a $6 million settlement that LinkedIn entered into with the US Department of Labor regarding alleged violations of the Fair Labor Standards Act due to the failure to pay employees all the time worked, including overtime, by those employees.

The Law On Social Media and Employment Is Still Evolving


The Law On Social Media and Employment Is Still Evolving

Social media and technology keep advancing at a rapid pace. The law has furiously been trying to catch up. For a short time, the National Labor Relations Board (“NLRB”) was at the forefront of creating the framework for social media and employment law. In June 2014, however, the U.S. Supreme Court stalled, at least temporarily, the NLRB’s efforts to create new guidance.

In my July 2014 post for Maximize Social Business, I briefly analyzed the case of National Labor Relations Board v. Noel Canning and how the Supreme Court will impact the NLRB’s progress. And, I specifically analyzed how this court decision will impact the landscape of social media and employment law. Only time will tell if the NLRB will catch up with its work before technology moves beyond today’s workplace technologies.

Deleting Your Facebook Posts Could Cost You


Deleting Your Facebook Posts Could Cost You

Deleting Facebook posts may get you in hot water legally.

Most everyone has read about warnings concerning sharing too much information on social media and employees who have posted videos, photos or comments that have resulted in getting “Facebook fired.”

Most folks do not know, however, that deleting social media posts, can, if deleted at certain times, can result in Court sanctions. In my post titled “Former Employee Sanctioned For Deleting Posts on Facebook” for Maximize Social Business, I analyze a recent case from Nevada. Learn why a Court in a sexual harassment case instructed a jury against someone who deleted Facebook posts about her former employer.